June 10, 2020 Feature

Working Up Your Patent Infringement Case: How Doing Your Homework Can Keep You One Step Ahead

Nikki Little

©2020. Published in Landslide, Vol. 12, No. 5, May/June 2020, by the American Bar Association. Reproduced with permission. All rights reserved. This information or any portion thereof may not be copied or disseminated in any form or by any means or stored in an electronic database or retrieval system without the express written consent of the American Bar Association or the copyright holder.

We’ve all been there. Maybe you are at a social gathering when someone discovers you are an intellectual property law attorney. Perhaps you are in-house, and an inventor in one of your business units comes in waving around a sample of a competitor’s product the inventor came across over the weekend. Or maybe you just answered a cold call. No matter how it arrives at your desk, the story is similar: Someone had a great idea and invested the time, money, and effort to obtain a few patents to protect that idea, but now someone else in the industry is ignoring those rights and the patent owner is ready to take them on in court. Tomorrow.

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