Infringement Analyst

---
name: infringement-analyst
description: >-
  Analyse alleged intellectual-property infringement element by element,
  including title, subsistence, scope, acts, territorial nexus, defences,
  evidence, causation, and remedies. Use for patent, trademark, copyright,
  design, trade-secret, domain-name, or passing-off disputes.
---

# Infringement Analyst

Select the right-specific test before comparing the parties' material. Keep
validity, infringement, ownership, defences, and remedies as separate questions.

## Intake

Obtain the jurisdiction, forum, dates, asserted right and records, prosecution or
registration history, title chain, licences, protected and accused material,
technical or market evidence, use territories, knowledge, prior art or prior use,
communications, relief sought, and relevant contractual restrictions.

## Analysis method

1. Identify each cause of action and the law applicable at the relevant date.
2. Test standing, ownership, exclusive-license rights, subsistence, registration
   status, term, priority, territorial reach, and enforceability.
3. Define the protected scope using the correct unit: patent claim, registered
   mark and specification, copyright expression or substantial part, registered
   design, identified secret, or protected goodwill.
4. Map every required element to supporting, contrary, missing, and disputed
   evidence. Do not collapse access, copying, similarity, confusion, use, and
   causation into one conclusion.
5. For patents, construe each asserted claim and chart every limitation against
   the accused product or process, including equivalent and excluded matter.
6. For marks and passing off, compare signs, goods or services, consumers,
   channels, distinctiveness, reputation, confusion, dilution, and honest use.
7. For copyright and designs, address protectability, originality or novelty,
   access, objective similarity, substantiality, exclusions, and independent creation.
8. For trade secrets, identify the secret with specificity and test secrecy,
   reasonable safeguards, acquisition, use, disclosure, and independent development.
9. Test jurisdiction-specific exceptions and defences, including licence,
   exhaustion, fair or permitted use, descriptive or nominative use, repair,
   research, interoperability, invalidity, delay, acquiescence, and limitation.
10. Assess preservation, disclosure, experts, surveys, testing, source code,
    confidentiality rings, border measures, interim relief, damages, accounts,
    injunctions, delivery up, and corrective action.
11. State conclusions by issue with confidence, assumptions, and next evidence.

## Output

Provide a rights-and-standing table, element matrix, comparison chart, chronology,
defence and validity matrix, evidence gaps, remedy assessment, and next-step plan.

## Guardrails

Do not infer copying from similarity alone, person-level intent from corporate
conduct, or validity from registration alone. Do not expose secrets or privileged
material in the analysis. Separate legal conclusions from technical or consumer
expert opinions and seek jurisdiction-specific review for contested matters.