Infringement and Non-Infringement

KramerAmado conducts in-depth analyses to accurately determine the likelihood of patent infringement. This includes detailed interpretation of the patent claims, together with the technical expertise necessary to understand the requisite skill in the art. The same technical expertise is required to property understand the client's technology as compared to the patent claims, or a potential infringer's product as compared to the clients' patents.

Examples of scenarios where the detailed investigations described above are necessary to determine whether or not the patent claims are infringed are:

  • Prior to Filing a Patent Lawsuit – An investigation must be made comparing the accused product to the patent claims.
  • Design and Launch of New Products – Right-to-Market studies, industry knowledge, or information in the public domain may uncover a patent that poses a threat to launching or acquiring a new product or service. Early detection and analysis allows for design-around options once the patent is properly interpreted.
  • Licensing Strategies for Existing Products or Patents – Whether receiving notice from a competitor or a Non-Practicing Entity a detailed analysis of the patent claims against the accused product is necessary to properly value the patent.

KramerAmado's investigations produce independent opinions that allow in-house counsel decision-makers to properly weigh the risks of infringement or move forward with a patent suit against a possible infringer.