Opinions

The law on the effects of formal legal opinion as a factor in determining willful infringement of a patent is still not settled. When uncertain whether you are possibility infringing a patent, our attorneys can analyze the problem patent and provide a legal written opinion about invalidity, non infringement, and patentability that can guide you about the risks in continuing with the current course of action.

Technical Depth in Legal Opinions

A legal opinion is only as good as the technical understanding behind it. Our attorneys are engineers first, with backgrounds in electrical, computer, and mechanical engineering. When we provide an opinion on invalidity or non-infringement, we dig into the schematic-level details. We don't just compare words; we compare architectures. This technical rigor provides a stronger foundation for our legal conclusions, whether you are defending against an assertion or evaluating a competitor's patent.

Why Obtain an Opinion?

While the legal standard for "willfulness" evolves, obtaining a competent opinion of counsel remains a best practice for risk management. It demonstrates:

• Good Faith: That you took reasonable steps to respect third-party IP rights.
• Due Care: That your business decisions were informed by legal analysis.
• Strategic Direction: It gives your engineering team clear guidance on "safe harbors" and design-around options.

Types of Opinions

We provide several types of opinions tailored to your specific needs:

• Non-Infringement Opinions: Detailed analysis explaining why your product does not practice the claims of a specific patent.
• Invalidity Opinions: Research and analysis demonstrating that a patent should not have been issued in light of prior art.
• Freedom to Operate (FTO) Opinions: Broader analysis clearing a new product or feature launch in a specific market.
• Patentability Opinions: Assessment of whether your own invention is likely to be patentable before you file.

How We Work

1. Scope Definition: We define exactly which products and which patents are in scope.
2. Technical Deep Dive: We review your technical documentation and the patent's file history.
3. Claim Construction: We analyze the legal meaning of the patent claims.
4. Analysis & Conclusion: We apply the claims to your technology (or prior art) and provide a clear, written conclusion.

The Value of Clarity

We write opinions that are readable by both your general counsel and your CTO. We avoid unnecessary legalese where plain English works better, ensuring that the business implications are clear and actionable.