Freedom to Operate Opinion
A broad, expansive, thorough analysis of the market to understand if your proposed article of manufacture, machine, process/business method, or composition of matter infringes on an active United States patent. With a freedom to operate report, you can boldly commercialize your invention without worrying about trampling the intellectual property rights of others.
Applicable when a client is concerned that they may be infringing on a specific patent and want to know whether the infringed patent claims will hold up in court. Additionally, validity opinions are useful for a client who would like to assure themselves that their patent and claims are valid before enforcing their patent rights or entering into licensing negotiations.
When a client who is the alleged to infringe a patent, this opinion will argue a good faith and reasonable belief that the patent at issue is invalid. This opinion helps avoid charges of willful infringement and avoid increased damages during defensive patent infringement actions.
To help a patent owner understand the strengths and weaknesses of their position, an infringement opinion will help them decide whether to send cease and desist letters, initiate licensing discussions or file a lawsuit. This opinion compares the claims of the patent to the “accused” infringing product or process to determine whether the accused product or process meets each and every limitation of any claim of the patent. These opinions are thorough and break down claim-by-claim, element-by-element to analyze whether each point of the claim is met or not met.
To help an alleged infringer of a patent, a non-infringement opinion provides a thorough, claim-by-claim, element-by-element analysis comparing the claims of the patent with the alleged infringing product or process to show how each element is not met. This will help a client determine how aggressively to dispute patent infringement allegations as well as to what degree they would settle and accept a license agreement.