IP litigation is evidence-intensive in ways that make the quality of the pre-litigation investigation a significant determinant of the litigation outcome. The claimant who enters proceedings with well-documented evidence of infringement, a clear supply chain map, and a forensically sound chain of custody for their evidence, is in a materially stronger position than one who relies on anecdotal observations and incomplete documentation. Bond Rees provides the investigation infrastructure that turns an IP concern into a litigable case.
The Evidence an IP Claimant Needs
Test purchase evidence: purchases of infringing goods, properly documented with chain of custody from the point of purchase to the expert or to the court, establishing the existence and nature of the infringement.
Digital evidence: screenshots, web archives, and metadata-preserved evidence of online infringement, gathered in a way that is resistant to the challenge that it has been altered or manipulated.
Supply chain evidence: intelligence about the supply chain through which infringing goods or services reach the market, establishing the identity of the parties in the chain and their role in the infringement.
Quantum evidence: intelligence about the scale of the infringing activity, providing the factual foundation for the calculation of damages or account of profits.
Defendant asset intelligence: an assessment of the defendant’s assets and financial position, enabling the claimant to make an informed decision about whether to pursue summary judgment, whether to seek an injunction, and whether an account of profits is a more effective remedy than damages.
Working Alongside IP Solicitors
Bond Rees investigation evidence for IP litigation is produced in close coordination with the instructing solicitors, structured to meet the specific evidential requirements of the proceedings and to be admissible in the form required. We are available to provide witness statements from the investigators who gathered the evidence and to give oral evidence if the evidence is contested.
Building an IP litigation case and need expert evidence gathering? Contact Bond Rees.
