Patent Infringement Valuation?
Patent Infringement Valuation?
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Discussion

paul.deitch

Original Poster:

2,317 posts

287 months

Saturday 19th January 2019
quotequote all
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.

lostmotel

156 posts

165 months

Saturday 19th January 2019
quotequote all
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.

Insurancejon

4,098 posts

276 months

Monday 21st January 2019
quotequote all
seconded for Patently/Downing. they are brilliant

patently

111 posts

244 months

Monday 21st January 2019
quotequote all
Feeling rather flattered now. Thanks guys thumbup

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/

lostmotel

156 posts

165 months

Monday 21st January 2019
quotequote all
patently said:
Feeling rather flattered now. Thanks guys thumbup
Only recommending you because I'm in house so can't help directly!

(Just kidding!)