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VIC How to Obtain Product for Patent Infringement Evaluation?

Discussion in 'Intellectual Property Law Forum' started by Jonny667, 30 November 2016.

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  1. Jonny667

    Jonny667 Member

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    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?
     
  2. Rod

    Rod Well-Known Member

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    If you can't buy the product, then hire a lawyer. Suspect you will need court orders.
     
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  3. Jonny667

    Jonny667 Member

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    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!
     
  4. Leonard Mancini

    LawTap Verified Lawyer

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    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.
     
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  5. Tim W

    Tim W Lawyer
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    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.
     
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  6. Leonard Mancini

    LawTap Verified Lawyer

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