Was one LED panel a copy of another? A technical similarity report
External and internal comparison of two LED panels from different manufacturers in criminal proceedings over possible copying.
Background
Two lighting companies were in dispute over the possible copying of an LED panel model. The court requested an expert report on how similar the two products were.
What I was asked
To determine the degree of technical similarity between the two panels and whether one could be said to be a copy of the other.
How it was analysed
- External comparison: dimensions, materials and finish.
- Disassembly and internal comparison of the electronic components.
- Identification of similarities and differences.
- Technical assessment of the possibility of copying.
Report findings
The two panels were similar both outside and inside, but with differences in both respects. There was not enough evidence to state categorically that one was a copy of the other, or which would be the original, although one may have drawn on the other's design.
Key takeaway
Similarity alone does not prove copying. An honest expert report must state how far the evidence goes, even if it does not give the categorical answer one party hopes for.
Anonymised case. Personal data, the parties and procedural references have been omitted or altered to preserve confidentiality.