Together with the client, we identify potentially infringing products and evaluate them to confirm that infringement exists. If infringement is confirmed, we negotiate with the infringing company in an attempt to resolve the matter out of court. Although we do not litigate infringement actions, if the client decides to bring a legal action against the infringer we can provide intellectual property legal support to the litigation attorney handling the case.
Intellectual property enforcement often begins by investigating a product which the client suspects of infringing its intellectual property rights. Access to the product can often be obtained by visiting trade shows, reviewing the company's non-proprietary literature, or purchasing the product directly. If, e.g., patent infringement is the concern, Henry Query then works with the client's engineers to evaluate the product and determine if infringement in fact exists.
Once infringement is confirmed, we will open a dialogue with the infringing company in an attempt to resolve the matter without having to resort to litigation. Litigation is a time consuming and costly endeavor which rarely results in a satisfactory outcome for the client. Therefore, we strive to help our clients avoid litigation whenever possible.
If a third party accuses our client of intellectual property infringement, we evaluate the charges and provide our client with a clear, direct assessment of the strength of the accuser's position. If, e.g., a third party accuses our client of patent infringement, we study the patent at issue, determine from a legal perspective the scope of protection afforded by the claims of the patent, and compare the client's product to the claims to determine the likelihood that the product would be found to infringe the patent. If warranted, we also conduct a thorough validity assessment of the patent to determine the likelihood that the patent will survive a validity challenge.
Once we have a firm grasp of the strength of the accuser's infringement position, we will contact the accuser (with the client’s consent) to try to resolve the matter amicably. The goal is to prevent our client from being sued for infringement. Through this process, Henry Query has been able to protect his clients from several lawsuits.
At present, Henry Query, P.C. does not litigate intellectual property infringement actions. However, in the event litigation becomes necessary to protect our client's interests or to defend our client's actions, Henry Query, P.C. can help identify an appropriate attorney to litigate the lawsuit for you. At the client's request, we can also provide the litigator with intellectual property legal support and liaise with the client to ensure that they are fully informed of the progress of the lawsuit and the work being performed by the litigator.