Rule 11 Compliant Investigation
When you are planning a patent infringement lawsuit, you must form a reasonable basis for brining an infringement action. Though it looks simple, however, Rule 11 of the Federal Rules of Civil Procedure requires adequate pre-filing investigation that might not be so explicit about what level of investigation meets the requisite inquiry. Failure to make satisfactory prefiling investigation can lead to a breach of Rule 11, and trial courts may grant sanctions, including expenses and attorney fees.
We perform pre-filing infringement analysis in a way that we meet Rule 11 requirements. Our analysis involves legal and technical study. The legal study is claim construction while the technical component is comparision of the allged infringing products/services with construed claims. We assist various US law firms in preparing pre-filing investigation reports compliant with Rule 11.