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Providing responses to the following questions will help us evaluate whether your patent enforcement opportunity would be a good fit for our firm.
We specifically designed the questions, based on years of evaluating patent enforcement opportunities, so that we can efficiently and effectively evaluate this matter and provide feedback without wasting unnecessary time and delaying our time to decision. We appreciate that this patent intake survey is lengthy and it may seem difficult to fill out; but we are going to have to obtain the requested information from you eventually to evaluate whether we are the right firm to enforce your patents. Using our form speeds up the process in two ways. First, it allows us to respond to our potential clients (such as you) faster, because we do not have to spend hours on phone calls trying to collect this information. Second, when we schedule a follow-up call or meeting, having this consolidated information will allow us to focus on the key issues.
The responses that you provide are attorney / client privileged communications.
Maximum number of parties reached.
What are the patent(s) to assert as part of this patent enforcement opportunity (list up to 10 patents). If there is a large patent portfolio to assert, please list one or two patents that you consider to be good options to assert:
Before filing a patent enforcement action, it will be important to make sure that the plaintiff in the litigation holds all right, title, and interest to assert the patent(s) and collect for past infringement. The following information will help us evaluate if there are any chain of title issues:
Maximum number of inventors reached.
If we move forward with your patent enforcement opportunity, it will be important to succinctly describe the essence of the claimed invention to a judge and jury.
Here is an example of such a description:
It will also be important to succinctly describe how the claimed invention is a paradigm shift in the industry – that is, the invention is a shift from the conventional standard thinking in the art.
What is the infringing revenue base:
Maximum number of entries reached.
To determine an applicable royalty rate, we will need to evaluate the benefits of the claimed invention over the non-infringing alternatives. Is the invention a paradigm shift invention (rather than incremental advancement) that has significant benefits over the non-infringing alternative such that an alleged infringer would pay a significant amount to license the patent(s)?
Here is an example: