According to "Ten Things to Ponder Before Filing A Patent Infringement Action," by Brandon Baum (Mayer Brown LLP) via PLI, there are certain "good practices" you should engage before starting the time-consuming and pricey process of suit:
- Perform an infringement analysis of the accused product(s)
- Identify and preferably interview your witnesses
- Make sure everyone with a "need to know" is aware you are in pre-litigation mode
- Place a freeze on documents
- Identify preferred venue
- Identify and possibly retain consultants
- Review prosecution history and prior art
- Perform a rough damages analysis if the client is interested in damages
- Evaluate the target's likely response
- Understand and manage client expectations
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