VIC How to Obtain Product for Patent Infringement Evaluation?

[Jonny667]

Hi, I have a question regarding patent infringement. I will describe the situation as briefly as I can.

I designed and manufactured a product for which I was granted a full standard patent. I sold my product to one customer only.

A few months later, the customer stopped buying my product and went very quiet despite knowing they had a need to purchase my product. I later found out that an individual contracting to the customer started to produce (and has sold) a similar product at a lower price.

I believe the product will infringe my patent as there are very specific features that it would require to be functional.

My question, how do I obtain a sample of the offending product in order to have a lawyer analyse and confirm patent infringement when it is not commercially available?

 

[Rod]

If you can't buy the product, then hire a lawyer. Suspect you will need court orders.

 

[Jonny667]

If you can't buy the product, then hire a lawyer. Suspect you will need court orders.

Thanks Rod, I have a lawyer currently and are about to reach this stage. Wanted to check that we weren't missing a simpler solution. Thanks for the response!

 

[Leonard Mancini]

You can bring preliminary discovery proceedings in the federal court. The court in those cases will order the production of the said product.

You could also use a IP investigator to fake interest in the product and buy one if the seller is willing.

 

[Tim W]

I agree with the above.
Understand this however - IP investigation work is more than a gotcha mystery shopper thing.
And what you do next to stop the infringement and recover any damages
is also not a job for the faint-hearted.

You would be well advised to engage a lawyer who works in the IP space
to assist you.

 

[Leonard Mancini]

I agree with the comment above - use an experienced IP lawyer or patent attorney
Regards,
Leonard Mancini, Patent and Trade Mark Attorney, IP Lawyer: Book Online