PRE-LITIGATION PATENT INFRINGEMENT INVESTIGATORS
Most law firms pursuing Patent Infringement cases suggest a private investigator to conduct a pre-filing investigation. This will assist you in meeting your obligations under Federal Rules of Civil Procedure (FRCP), which requires you to have a good faith basis for filing the lawsuit. It also gives you a road map for the litigation by having your investigator identify the strengths and weaknesses of your case.
Courts overseeing patent litigation have established criteria that need to be part of the pre-litigation patent infringement investigation. You must show that you have investigated as many issues as possible. This investigation will not only advance your case and keep it from being dismissed, but prevent possible sanctions later should you lose your case.
How Special Investigations Group can help:
Special Investigations Group's investigators will identify, accumulate, and examine evidence and provide you a detailed report prior to filing a lawsuit. For example:
It needs to be confirmed that the client actually owns the patent and the rights to it that he or she asserts.
A sample of the infringing product must be obtained. Courts have dismissed patent infringement cases holding that “Identification of the accused device is a necessary prerequisite to determining infringement.”
If the product in question is one that can be tested in some way, it should be tested.
The investigation must compare each patent claim to the alleged infringing product. This standard may be met by analyzing available documents, visually inspecting the product, and obtaining the opinion of experts. It is not enough to rely on public advertisements of the product or information included on its label.
Special Investigations Group works with your legal counsel to provide your the best possible legal advantage to pursue and win your claim.