What you'll receive
IP infringement analysis requires painstaking claim-by-claim or factor-by-factor comparisons, extensive legal research, and careful evaluation of complex defenses. Attorneys spend days reviewing registration documents, comparing accused products to protected IP, researching jurisdiction-specific tests, and quantifying potential damages.
IP infringement analysis requires painstaking claim-by-claim or factor-by-factor comparisons, extensive legal research, and careful evaluation of complex defenses. Attorneys spend days reviewing registration documents, comparing accused products to protected IP, researching jurisdiction-specific tests, and quantifying potential damages. This manual process delays critical litigation decisions and settlement negotiations.
CaseMark automates comprehensive infringement analysis across patents, trademarks, copyrights, and trade secrets. Our AI conducts detailed element-by-element comparisons, applies multi-factor legal tests, identifies relevant case law, evaluates defenses, and quantifies damages—delivering a complete analysis memorandum in minutes instead of days.
This workflow is applicable across multiple practice areas and use cases
Infringement analysis is critical for IP licensing negotiations to assess the strength of IP rights, determine fair royalty rates, and evaluate potential licensing disputes before finalizing agreements.
Licensing attorneys need to conduct thorough infringement analyses to value IP assets, negotiate license terms, and assess enforcement risks. The workflow's focus on damages calculation directly supports royalty rate determination.
During M&A due diligence, infringement analysis helps evaluate the target company's IP portfolio strength, identify potential IP liabilities, and assess the risk of ongoing or future IP disputes that could affect deal valuation.
M&A transactions require comprehensive IP due diligence to assess asset value and litigation risk. Patent, trademark, and trade secret infringement analyses are essential for identifying deal-breaking IP issues and adjusting purchase price.
Infringement analysis supports ITC Section 337 investigations and customs enforcement actions to prevent importation of products that infringe U.S. patents, trademarks, or copyrights.
International trade attorneys regularly handle IP-based import/export restrictions and ITC proceedings that require detailed infringement analyses to establish violations and obtain exclusion orders at the border.
Commercial disputes frequently involve IP infringement claims as part of broader business litigation, including breach of contract cases involving IP rights, unfair competition claims, and business tort cases with trade secret components.
Many commercial litigation matters include IP infringement issues alongside contract and business tort claims. The infringement analysis workflow supports attorneys handling complex commercial disputes with embedded IP components.
CaseMark conducts claim-by-claim analysis comparing each limitation of asserted patent claims against the accused product or process. It evaluates literal infringement and doctrine of equivalents, addresses means-plus-function limitations, and considers both direct and indirect infringement theories. The analysis includes validity considerations such as prior art challenges that may arise as defenses.
Yes, CaseMark applies the multi-factor test applicable in your jurisdiction to assess likelihood of confusion. It examines mark similarity, relatedness of goods/services, mark strength, evidence of actual confusion, defendant's intent, consumer sophistication, and trade channels. The analysis also evaluates dilution claims for famous marks and potential fair use defenses.
The analysis covers all major categories of intellectual property: patents, trademarks, copyrights, and trade secrets. Each analysis applies the appropriate legal framework and tests specific to that IP type, from claim construction in patent cases to substantial similarity in copyright matters to the six-factor test for trade secret qualification.
CaseMark quantifies potential damages by analyzing lost profits, reasonable royalty rates, and disgorgement of infringer's profits based on your uploaded financial and market data. The analysis distinguishes between compensatory and statutory damages, evaluates eligibility for enhanced damages in willful infringement cases, and assesses the likelihood of obtaining injunctive relief under applicable equitable standards.
Absolutely. CaseMark identifies and evaluates all significant defenses including invalidity challenges, non-infringement arguments, fair use doctrines, statute of limitations, laches, and estoppel. The analysis provides a balanced assessment of case strengths and vulnerabilities to inform settlement negotiations and litigation strategy decisions.