The pre-filing infringement analysis involves legal and technical process. The legal analysis is claim construction while the technical part is a comparison of the alleged infringing products/services with construed claims. We assist various US law firms in pre-filing investigations required before filing a patent infringement lawsuit.
The US International Trade Commission (ITC or commission) is an independent, quasi-judicial federal agency that administers certain US trade laws which provide US industries with a means to prevent unfair competition from imported goods, including Section 337 violations.
To prove a violation of Section 337, the complaining party must establish:
1) Unfair competition or an unfair act, for instance, patent infringement, etc.
2) Importation, sale for importation, or sale after importation into the United States of accused products
3) Existence of a domestic industry relating to the products or IP in question. Section 337 investigations are complex and require a unique blend of litigation, administrative law, patent laws, and technical skills
We develop claim construction charts including intrinsic and extrinsic evidence(s). We also prepare infringement charts which involve mapping of the claimed elements with the product features from available documentation in the public domain as well as physical testing/code analysis.