| name | deposition-ip |
| title | IP Litigation Deposition Supplement |
| description | Supplements general deposition preparation with IP-specific examination frameworks for patent, trademark, copyright, and trade secret cases. Covers witness strategies for inventors, accused infringers, licensing witnesses, and experts. Use alongside @deposition-preparation and @deposition-expert-witness when planning IP depositions, drafting outlines, or analyzing witness strategy. |
| author | CaseMark |
| author_url | https://github.com/CaseMark/skills/tree/main/skills/legal/deposition-ip |
| license | Apache-2.0 |
| version | 0.1.0 |
| execution_mode | open |
| jurisdiction | us |
| practice | ip |
| language | en |
IP Litigation Deposition Supplement
Adds IP-specific examination frameworks to @deposition-preparation. Covers four case types — patent, trademark, copyright, trade secret — with witness-specific question lines and damages theory.
Prerequisites
- Relevant patents, registrations, or trade secret identification statements
- Prosecution history and claim construction positions (patent)
- Prior art references at issue
- Accused product/process technical documentation
- Licensing history and comparable licenses
- Expert reports (if designated)
- Confidentiality agreements (trade secret)
Case Type Reference
| Case Type | Key Issues | Primary Witnesses |
|---|
| Patent | Claim construction, infringement (literal/DOE), validity, reasonable royalty, lost profits, willfulness | Inventor, R&D/engineering, licensing/business, technical expert, damages expert |
| Trademark | Distinctiveness, priority of use, likelihood of confusion, willfulness, damages | Mark owner, marketing, consumer survey expert, damages expert |
| Copyright | Ownership, originality, access/copying, substantial similarity, fair use | Author/creator, access witnesses, similarity expert, damages expert |
| Trade Secret | Existence, reasonable secrecy measures, misappropriation, damages | Developer, accused misappropriator, security witnesses, damages expert |
Patent Examination Frameworks
Inventor
- Conception/reduction to practice: When conceived, what problem solved, corroborating records, who was told, prototyping/testing timeline
- Prior art knowledge: Awareness at time of invention, searches conducted, how invention differs from specific references — failure to disclose bears on inequitable conduct
- Claims/prosecution: Understanding of claim 1, meaning of disputed terms, involvement in prosecution, reasons for amendments
Accused Infringer Technical Witness
- Product/process: How accused product works step-by-step, development timeline and team
- Design choices: Alternatives considered, reasons for chosen approach, awareness of patent, design-around efforts
- Claim element mapping: Whether product has each claim element, how it performs each function
