Before Filing a Software Patent Infringement Suit

"Richard Raysman and Peter Brown of Brown Raysman Millstein Felder & Steiner of New York present a host of issues to consider before deciding to enforce software or business method patents in the September 10, 2002 issue of the New York Law Journal.

They begin by discussing some investigation techniques to identify potential infringers:

-From the competitor's web site:
-marketing materials;
-white papers;
-product specifications/descriptions; and
-news articles.

-Send an investigator to marketing pitches or conventions.
-Reverse engineering of the software code.
-Patent applications filed with the U.S. Patent and Trademark Office or the Patent Cooperation Treaty.

If this doesn't provide sufficient info - consider filing a notice letter. They offer a caution -- you need to be prepared to file suit, if negotiations break down."

Read more in this post from Philip Brooks.