An IP attorney for a consumer electronics company informed Nerac that they were ready to ship product and had sent samples to a retail chain and had received a concerning response. The retail chain informed the Nerac client that they were worried that the packaging might infringe on a patent that was owned by another company (XYZ). The IP attorney needed Nerac’s help determining if there was any validity to the retail chain’s concerns.
The analyst team took a multi-phased approach. The initial investigation established that no patents were directly assigned to XYZ company. Further research involved exploring trademark data and news articles to find the names of the principals of company. Searching by each of the owners of company XYZ, a patent was discovered that claimed elements of packaging similar in detail to the package the client had sent to the retail chain. Analysis of the patent at the United States Patent and Trademark office revealed that the patent was no longer in force due to failure to pay maintenance fees. The final risk assessment involved searching the company at the New York Secretary of State Office where it was determined that company XYZ was no longer in business.
Details of the discovery path and results were discussed by phone with the IP attorney. Based on Nerac’s research, the attorney concluded that there was minimal risk using the original packaging and communicated to the production team and retail chain that it was safe to ship the product, saving the company from having to go through the cost of a redesign.
- 64Clients trying to understand how their business is evolving can benefit from taking a step back to look at the current state of intellectual property. A patent landscape analysis helps Nerac clients quickly assess their position within a technology area in terms of their business objectives. The insights can help support critical decisions on new…
- 64Wednesday, March 25, 2015 | 1:00 to 2:00pm (EST) Patenting Best Practices: Navigate the Patent Process Successfully! Gain a working knowledge of the patenting process and best practices. We invite you to attend a free webinar hosted by Nerac which will provide an overview of patenting best practices. This webinar will help you navigate the patenting…
- 63By Ron Sills M.S., Nerac Analyst, Originally Published: July 6th, 2015 The medical devices market was estimated at $361 billion in revenues in 2014. Various sources project a 3 – 4% annual growth rate going forward, driven by an aging population in developed nations, as well as increased spending in emerging regions. This forecast indicates…