- Find out how strong your patent is.
– Find out what will be the possible defenses available to the defendant.
– Conduct a patent infringement analysis in order to determine whether the product or the process infringes upon an existing patent claim.
– A careful pre-suit investigation should be performed in order to flesh out the strengths of the case and the overall likelihood of success, the investigation should include infringement claim charts, a prior art search, a review of the parties’ prior commercial activities contacts.
– Start collecting infringement evidence.
– Notify the infringer by certified mail.
– Consider whether to sue the infringer and find out what will be your tactics in the infringement case.