Investigating Potential IPR Infringement for Global Process Industry Company

A leading global process industry company had encountered a suspected IPR infringement by a Chinese competitor. Therefore, the client asked Asia Perspective to help in investigating the matter, to identify and provide objective evidence and clearance of the suspected breaches, and to help the client in evaluating the merits of different further actions.

Issued by China’s Patent Department, a unique proprietary process patent was already held by the client for nearly a decade, however recent findings in the product markets made the client suspicious of a possible serious infringement. Namely a Chinese factory had been suspected for long of applying in its production key processes and inventions that were included in the patent description of the client’s registered patent. Due to the hardship of substantiating the potential violations with in-house resources and preceding fruitless legal correspondence with the suspected infringer, the client’s management decided to step further and to take further actions.

Scientist with chemicals in glass container

The purpose of the assignment was to gather all information and evidence available for the purpose of confirming and substantiating the existence of infringing activities. In the course of the investigative work Asia Perspective’s project team was tasked not only to gather and detect relevant evidence but also to conduct on behalf of the client a variety of pivotal critical actions, such as:

  • Requesting official documents from governments and relevant companies
  • Cross checking the facts with industry and technology experts for the particular case
  • Acquiring all supportive information from different stakeholders
  • Consulting with national and local intellectual property administration

Process patent infringements are commonly known as extremely difficult to prove, especially as the direct evidence often cannot be found without trespassing the infringer’s production facilities or without asking the courts to carry out their own raids, which in turn provides for filing an often risky and uncertain law suit. Furthermore, the fact that the case took place in a confined China imposed an extra coefficient on the hardship. Asia Perspective’s findings and comprehensive reports enabled the client to draw reliable final technical and legal conclusions as to the existence of the suspected infringement and to proceed confidently with the infringer in settling the case out-of-court. If needed, materials and reports provided by Asia Perspective will also serve as credible evidence in any legal enforcement process.

Asia Perspective cooperates closely with the leading Nordic IP house Berggren Inc. in demanding IPR mapping related assignments and Berggren has also participated as technical partner in the above project.

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