Technology: 7 tips for reviewing a competitor’s patents without increasing liability

How to ensure that lawyers do not create bad evidence

In our previous article, we examined how legal departments often grapple with reviewing a competitor’s patents without stepping into a hornet’s nest of increased liability. Reading a patent and realizing your company potentially may be infringing it can lead to a finding of willful infringement in court, whereby the judge can triple any damages award against your company. It also can establish the knowledge element of inducement of infringement and contributory infringement.

So how do you ensure that lawyers do not create bad evidence? Here are some best practices for you to follow:

Contributing Author

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Brent Yamashita

Brent K. Yamashita is a partner at DLA Piper, and a patent litigator with experience in computer hardware and software, semiconductors, storage systems and devices, communication...

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Co-managing Partner

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Andrew Valentine

Andrew Valentine is co-managing partner of the Silicon Valley office of DLA Piper.


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