deposition-ip-supplement
Provides IP-specific deposition examination frameworks for patent, trademark, copyright, and trade secret cases. Covers inventor, infringer, licensing, and expert witnesses with question maps for claim construction, prior art, willfulness, Georgia-Pacific factors, likelihood of confusion, and tra...
Full skill instructions
IP-specific examination strategies for patent, trademark, copyright, and trade secret depositions. Supplements @deposition-preparation as the primary framework.
@deposition-preparation as primary framework@deposition-expert-witness| Type | Key Issues | Key Witnesses |
|---|---|---|
| Patent | Claim construction, infringement (literal/DOE), validity, willfulness, damages | Inventors, R&D/engineering, licensing, technical/damages experts |
| Trademark | Distinctiveness, priority, likelihood of confusion, willfulness, damages | Mark owner, marketing, survey experts, damages expert |
| Copyright | Ownership, originality, access, substantial similarity, fair use, damages | Authors, access witnesses, similarity/damages experts |
| Trade Secret | Existence, reasonable secrecy measures, misappropriation, damages | Secret owners, accused misappropriators, security, damages expert |
| Topic | Key Questions |
|---|---|
| Conception | First conception date; problem solved; contemporaneous records; who was told |
| Reduction to practice | Date; testing/prototyping; corroborating documentation |
| Prior art knowledge | Known prior art; searches conducted; how invention differs from [specific ref] |
| Claims | Understanding of claim scope; meaning of [disputed term]; relationship to accused product |
| Prosecution | Involvement; review of office actions; reasons for amendments |
| Topic | Key Questions |
|---|---|
| Product/process | How [accused product] works; key components; development timeline |
| Design process | Alternatives considered; why this approach; patent awareness; design-around efforts |
| Claim mapping | Presence of [claim element]; how product performs [claim function] |
| Non-infringement | Which limitation not met; how product differs from claims |
| Prior art | Prior products/publications before patent priority date |
| Topic | Key Questions |
|---|---|
| Licensing history | Existing licenses; royalty rates; negotiation process; comparables |
| Commercial success | Sales figures; success attributable to patented feature |
| Market | Competitors; non-infringing alternatives; market share impact |
| Hypothetical negotiation | Pre-infringement terms; Georgia-Pacific factors; royalty rate and base |
Apply @deposition-expert-witness plus:
| Topic | Key Questions |
|---|---|
| Reasonable royalty | Methodology; Georgia-Pacific factors applied; comparable licenses; royalty base |
| Lost profits | "But for" world; manufacturing capacity; non-infringing alternatives; market share methodology |
| Apportionment | Method for isolating patented feature value; consumer demand driver analysis |
| Topic | Key Questions |
|---|---|
| Creation/adoption | When/who created; why chosen; first use in commerce |
| Distinctiveness | Inherent or acquired secondary meaning; consumer recognition; advertising investment |
| Confusion | Awareness of defendant's mark; actual confusion incidents; similarity; relatedness of goods |
| Damages | Lost sales; goodwill damage; costs addressing confusion |
| Topic | Key Questions |
|---|---|
| Adoption | When/who decided to use mark; prior search; awareness of plaintiff's mark |
| Intent | Intent to trade on goodwill; legal advice; good/bad faith indicators |
| Confusion | Known confusion incidents; misdirected customers/orders |
| Market | How customers find and distinguish products |
| Topic | Key Questions |
|---|---|
| Identification | Specific description; what makes it secret; development date and team |
| Secrecy measures | Physical/electronic security; NDAs; need-to-know restrictions; training |
| Value | Development investment; competitive advantage; cost of independent development |
| Misappropriation | How defendant acquired secret; evidence; timing |
| Topic | Key Questions |
|---|---|
| Relationship | Nature of relationship; access; agreements signed; understood obligations |
| Accused information | Awareness of trade secret; how obtained; independent development evidence |
| Use/disclosure | Use of information; third-party disclosure; relation to accused product |
| Notice | Knowledge of confidentiality; steps taken regarding obligations |
| Document | Topics |
|---|---|
| Prosecution file | Amendments, arguments, prior art, rejections |
| Invention records | Lab notebooks, conception/RTP dates, corroboration |
| Licensing agreements | Terms, comparability, negotiation history |
| Design/technical docs | Development process, alternatives, product operation |
| Marketing materials | Features emphasized, performance claims |
| Confidentiality agreements | Scope, obligations, signatories |
| Source code | Software patents, trade secret cases |
| Financial records | Damages calculation support |
@deposition-expert-witness
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