How does access to confidential information affect copying claims in patent disputes?
Access to confidential information can significantly strengthen copying claims in patent disputes. MPEP 716.06 cites the case of Liqwd, Inc. v. L’Oreal USA, Inc. to illustrate this point:
“Evidence that shows access to a competitor’s non-public information and use of that information to develop a product may be persuasive evidence of copying. Liqwd, Inc. v. L’Oreal USA, Inc., 941 F.3d 1133, 1139 (Fed. Cir. 2019) (Liqwd presented evidence, such as emails and declarations, that showed L’Oreal had access to the then-confidential disclosure of the patent application and L’Oreal’s subsequent loss of interest in purchasing Liqwd’s technology).”
This case demonstrates that when a party has access to confidential information, such as a patent application, and subsequently develops a similar product, it can provide strong evidence of copying in patent disputes.
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