PATENT LITIGATION SUPPORT FAQs:

QUESTION: We need information to determine another company's business method. How can you help?

ANSWER: Once you have provided us with the information you already know, both in terms of the source of your concern, contact details of the target entity as well as the functionality of the patent, we would develop a strategy on how to best approach them under pretext and corroborate the information we uncover with at least two sources if possible.

QUESTION: Do you locate prior art?

ANSWER: Yes. We investigate patent and non-patent literature, physically examine trade journals, old brochures and out of date product samples, and inspect online auction sites. This would also include investigating any patent marking on product or packaging.

QUESTION: We have a patent case that is about to go to litigation. I need to locate inventors, expert witnesses and former employees who will support the case.

ANSWER: Marksmen has access to resources that have been very helpful in locating witnesses for testimony including skip-trace and cross-referenced directories as well as other proprietary databases.

QUESTION: We'd like to examine a competitors product to see if it is infringing on our patent, but don't want to tip our hand in buying it directly. Do you make these kinds of purchases?

ANSWER: Yes. We do this routinely and coordinate a network of 35,000 licensed private investigators that can go on ground anywhere in the world to purchase product discreetly. This has included medical devices, Internet technology, building materials, software and prescription pharmaceuticals.

QUESTION: What do your patent investigative reports include?

ANSWER: It would depend on the scope of the investigation, but can include a narrative accounting of the following:

• Brief profile of the entity we are investigating
• Detailed description of the business method, process or functionality of the patent under investigation as told to us by employees or distributors of the target entity
• When the patent was first utilized
• Target customers of the service or product employing the patent
• Any additional specific information requested

QUESTION: We have recently acquired another company and are examining their patent portfolio for untapped potential profits and/or liabilities. What can you do to help?

ANSWER: We have assisted in due diligence, fact gathering investigations by chasing down inventors, registered rights and other information helpful to maximizing the protection of what you have purchased.

QUESTION: We represent a Fortune 100 client who wishes to obtain the rights to a patent, but wants to do so anonymously to keep the cost down. Do you conduct straw man negotiations?

ANSWER: We have purchased over 3500 patents; patent licensing rights, trademarks and Internet domain names without disclosing the principals we represent. We would coordinate with you on the crafting of any intricacies of the deal and subsequent agreement(s).

Additionally, we can investigate universities and others to determine rights that have already been licensed for a particular technology or patent, as well as their prescribed licensing/royalty requirements and who to talk with, if you'd like to make contact directly.

QUESTION: What do your patent support services cost?

ANSWER: We have an hourly rate for all patent investigations and a separate hourly rate for anonymous negotiations. Please contact us for current rate sheets.

QUESTION: How do I order a patent investigation or acquisition from Marksmen?

ANSWER: If you are new to our site, complete this form with your contact information and for the service you require. You will then be set up as a client and can make future requests (and pick up your reports) through your online account.

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