Services · Claims/IP
Infringement
We conduct research in support of intellectual property disputes and charges of patent infringement, and act as an expert witness in matters of patent and design infringement using court-approved approaches.
Our work supports either side of a dispute.
For the patent holder
Research to help repel infringing products and seek damages.
For the defendant
Research to defend against claims of infringement by a third party.
What type of patent do you have?
The most common patent types are utility and design patents.
Utility patent
Covers a process, a recipe, a machine, a subassembly, or an end-product, including process improvements.
Design patent
Covers the design of a product: its surface ornamentation, shape, configuration, and non-functional elements such as packaging.
How do you determine infringement?
The obvious case
A direct “knockoff” of a product already in the market.
The nuanced case
Similar names, colors, shapes, and design elements. Store brand packaging is sometimes intentionally designed to create consumer confusion.
The test
Courts typically ask whether an “ordinary observer” would find the designs so similar that they are seen as identical or create confusion.
Ready to talk?
We work with many experts, including IP attorneys and experts in patent research, and have significant research experience in these cases.