|
Practice Areas :
Intellectual Property
:
Patent Opinions and Reviews
Patton Boggs patent attorneys have industry experience that complements their legal experience, allowing pragmatic client counsel. Our attorneys render opinions on the strength and coverage of IP assets, and structure transactions to exploit IP based on those opinions and the overall strategic plan of the client.
The Federal Circuit has consistently held that parties facing the question of possible infringement have an “affirmative duty of due care” which includes obtaining an opinion of competent patent counsel that the contemplated achievements/products do not pose a risk of infringement. Failure to obtain such opinions can result in a finding of willful infringement, or subject a company to sanctions that can include treble damages and attorney fees. Unlike most opinion practices, our non-infringement opinions are rendered by patent litigators with significant trial experience and advanced degrees or industry experience in the relevant technology. This allows us to provide practical, real-world assessment of infringement risks in order to aid our clients in meeting business objectives.
We are also experienced in preparing freedom to operate (FTO) or clearance opinions, rendered to determine whether a specific product or process that the client plans to commercialize infringes patents owned by others; patentability opinions, a common type of opinion that determines the novelty, utility, and non-obviousness of the invention with respect to any prior art; state-of-the-art (SOA) opinions, which determine whether or not similar technology is likely to exist; and design-around opinions (DAO), which help a client determine the extent to which they may design around problematic patents.
|
|