Patent Infringement Valuation?
Discussion
I have a small investment in a startup in the US. Patent for an industrial process has been granted and the documents will arrive in about a month. The patent grant is unlikely to be challenged.
A large competitor has already copied the process and is actively marketing it ahead of our market introduction. C'est la vie.
Obviously this is a case for an IP lawyer but...
How do you start valuing infringement and/or commercial licencing?
In a previous corporate career we allowed our competitors to use our technology long enough for it to be worthwhile pursuing them for licencing but I was not part of the valuation/claims team.
A large competitor has already copied the process and is actively marketing it ahead of our market introduction. C'est la vie.
Obviously this is a case for an IP lawyer but...
How do you start valuing infringement and/or commercial licencing?
In a previous corporate career we allowed our competitors to use our technology long enough for it to be worthwhile pursuing them for licencing but I was not part of the valuation/claims team.
Do not skimp on the advice for something like this. Initially you may wish to contact patently of these parts, owner at http://www.downing-ip.uk/ Your US prosecution attorneys should be able to recommend a litigator too.
However, to be a more informed client this https://www.fr.com/services/litigation/patent/pate... is a good overview of the position in the USA.
Also be cautious with your assumption that the patent will not be "challenged". There are various post-grant proceedings in the US that can be and routinely are invoked by a third party to cause nuisance, especially a potential infringer.
However, to be a more informed client this https://www.fr.com/services/litigation/patent/pate... is a good overview of the position in the USA.
Also be cautious with your assumption that the patent will not be "challenged". There are various post-grant proceedings in the US that can be and routinely are invoked by a third party to cause nuisance, especially a potential infringer.
Feeling rather flattered now. Thanks guys 
Happy to talk through the options if you want to Paul. No charge unless/until you decide to go ahead and know what it's likely to involve. Contact details are indeed at http://www.downing-ip.uk/
Happy to talk through the options if you want to Paul. No charge unless/until you decide to go ahead and know what it's likely to involve. Contact details are indeed at http://www.downing-ip.uk/
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