Non-observable Elements Complicate the Patent Infringement Process
Ropes & Gray attorneys author article in The National Law Journal
Intellectual property associate Joshua Ahn has written an article published in The National Law Journal on August 16. In the article the attorneys examine the complications involved in filing an infringement action when the details of certain elements of a product, such as source code, are not available until confidential discovery.
Pastor and Ahn write, “Before filing an infringement action, a patentee must perform an infringement analysis that compares the accused product or method with the claims of the patent. Some district courts – including some of the districts that are the most popular in which to file patent litigation – now require a patentee to serve detailed infringement contentions early in the litigation, often before receiving confidential information from the defendant.”
To read the full article, please click here.
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