In a patent assertion campaign, the onus is on the patent holder to find products that are infringing. A successful licensing programme ultimately hinges on the ability to find litigation-quality evidence of use (EoU) against economically important features of infringing products. Evidence must show a solid, provable chain of custody and be based on a rigorous, systematic approach.
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10 December 2015 Post-grant proceedings under the AIA have created a much more complex environment for patent owners in terms of both valuing their patent assets and monetising them, as David Donoghue of Holland & Knight explains.