Geospatial Technology—A New Tool for IP Litigation

Recent advances in commercial geospatial technology—including access to time-stamped satellite imagery, multispectral data and radar imaging—have created new evidentiary tools for IP litigators. Properly authenticated, these images can demonstrate when and where technologies were used or disclosed, providing valuable support for invalidity, infringement, misappropriation and damages arguments.

Applications in Patent Litigation

1. Proving Prior Art or Public Use

Satellite imagery can establish that an allegedly novel process, apparatus or design was publicly visible before the patent’s critical date. For example: Demonstrating the configuration of a solar array, refinery or mining facility predating a patent claim or showing the public deployment of an allegedly novel layout or industrial process.

2. Establishing Infringement and Timing

Imagery can confirm when a facility first implemented a claimed apparatus or method. Multispectral or thermal imaging can even reveal operational details (e.g., kiln activity, temperature changes) aligning with specific process claims.

3. Damages and Market Impact

By mapping facility expansions or equipment installation over time, litigators can tie imagery to infringement periods and build stronger damages models. The same data can support domestic industry showings in ITC investigations.

Applications in Trade Secret Litigation

1. Establishing Misappropriation Timeline

Geospatial imagery can reveal when a competitor began using a protected process or facility layout, particularly after key employee departures or contract breaches. This helps establish the timing and scope of improper use.

2. Detecting Spoliation or Concealment

Imagery can identify suspicious physical changes—such as demolition, covering or relocation of structures—occurring after a litigation hold or notice of claim.

3. Quantifying Head Start or Unjust Enrichment

Progressive imagery can show how quickly a competitor scaled production or operations after misappropriation, supporting head start and disgorgement analyses.

Evidentiary and Procedural Considerations

• Authentication: Obtain imagery with certified metadata and chain of custody from recognized providers (Maxar, Planet, Airbus).
• Expert Testimony: Engage a remote-sensing expert to explain data integrity, resolution limits and methodology.
• Discovery Requests: Seek internal drone, GIS or satellite data held by the opposing party under Fed. R. Civ. P. 34 or third-party subpoenas.
• Courtroom Presentation: Use animated time-lapse visuals or side-by-side comparisons to help jurors understand technological evolution.

Ethical and Regulatory Considerations

• Privacy and Compliance: Satellite imagery collected from public vantage points generally poses minimal privacy risk, but caution is warranted near sensitive facilities.
• Export Controls: Imagery or analytics relating to restricted regions may implicate ITAR or EAR limitations; confirm license status.
• Protective Orders: Treat detailed imagery and analyses as Highly Confidential—Attorneys’ Eyes Only when they could expose proprietary operations.

Strategic Takeaway for Brownstein Clients

Geospatial and satellite technologies have matured into admissible, high-value litigation tools. Brownstein’s IP team leverages them to strengthen invalidity and non-infringement defenses, quantify misappropriation timelines and damages in trade-secret cases. More broadly, Brownstein’s ability to use this technology also supports cross-border trade, CFIUS and regulatory analyses where facility activity intersects with government-affairs strategy.

This document is intended to provide you with general information regarding geospatial technology. The contents of this document are not intended to provide specific legal advice. If you have any questions about the contents of this document or if you need legal advice as to an issue, please contact the attorneys listed or your regular Brownstein Hyatt Farber Schreck, LLP attorney. This communication may be considered advertising in some jurisdictions. The information in this article is accurate as of the publication date. Because the law in this area is changing rapidly, and insights are not automatically updated, continued accuracy cannot be guaranteed.