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Message: How can a patent holder prove infringement?
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Aug 30, 2010 09:40AM
How can a patent holder prove infringement?

The national laws of each country wherein a patent has been granted are applied when gathering evidence and taking legal action against patent infringers in such countries. There are a broad range of mechanisms used in different countries to gather evidence of patent infringement. For example:

a. Court orders to search and seize evidence without prior warning. Under these orders, courts grant patent holders the right to search premises and seize evidence without prior warning in order to prevent the destruction of incriminating evidence. Such searches can take place at a company’s business premises and at trade fairs.

b. Demands for the production of documents. These demands consist of categories of information listed by the patent holder’s legal counsel and formally demanded from the alleged infringer.

c. Depositions. This process involves the alleged infringer (and its employees and other representatives) being interviewed in order to record the dialogue and use such responses later in written pleadings to the court and/or in trial. d. Interrogatories . This involves a list of written questions the alleged infringer must answer within a certain period of time.

e. Request for admissions. This involves a list of statements for which the alleged infringer must simply answer “admit” or “deny.”

f. Failure to cooperate. In the event of an alleged patent infringer’s failure to comply with any of the foregoing procedures, such party can be subjected to court orders, court sanctions, the presumption of evidence against it, and even a default judgment.

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