Patent Infringement Action

How It Works

1. 1

   Claim Construction and Infringement Analysis

   Conduct detailed element-by-element mapping of patent claims against the accused product or process. Identify which claims are infringed and assess the strength of the infringement case with technical and legal expertise.

2. 2

   Validity and Freedom-to-Operate Assessment

   Review the patent for potential validity challenges including prior art, obviousness, and Section 3 exclusions. Assess the risk of counterclaim for revocation before proceeding.

3. 3

   Legal Notice and Negotiation

   Issue a formal infringement notice to the infringer citing the patent number, specific claims infringed, and the infringing activities. Attempt to negotiate a licence, settlement, or cessation agreement before resorting to litigation.

4. 4

   Filing Suit and Injunction Application

   File the infringement suit before the Intellectual Property Division of the competent High Court under Section 104 of the Patents Act. File a simultaneous application for interim injunction to restrain further infringement pending the trial.

5. 5

   Interim Injunction Hearing

   Argue the three-pronged test of prima facie case, balance of convenience, and irreparable harm before the court. Respond to defendant's validity challenges. Obtain interim order if successful.

6. 6

   Discovery, Trial, and Decree

   Exchange documents and technical evidence during discovery, conduct cross-examination of witnesses, present expert testimony on technical issues, and seek final decree for permanent injunction, damages or profits, and costs.