Patent Infringement & Opinions

Learn More About the Basics of Patent Enforceability and Infringement

Legal Opinions:

  • Freedom to Operate Opinion: Are for clients who wish to conduct business with knowledge as to the level of risk of being sued for infringing on someone’s patent while doing so. The opinion will define the products, processes, services and designs used by the client and develop an opinion based on the landscape of patents which could potentially read on the commercial activity of the client.
  • Validity Opinion: Are useful when a client is concerned that they may be infringing on another’s patent and want to know whether the infringed patent claims will hold up in court. Also, 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.
  • Invalidity Opinion: Provide for a client who is the alleged infringer of a patent; the opinion will demonstrate good faith and reasonableness by the alleged infringer and helps avoid charges of willful infringement and award of increased damages to the patentee during defensive patent infringement actions.
  • Infringement Opinion: Helps a patent owner understand the strengths and weaknesses of their position which will help them decide whether to send cease and desist letters, initiate licensing discussions or file a lawsuit. The opinion compares the claims of the patent to the patent owner’s “accused” 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 and analyze whether each point of the claim is met or not met.
  • Non-Infringement Opinion: Helps a client who is an alleged infringer of a patent by providing an thorough, claim-by-claim, element-by-element analysis comparing the claims of the patent with the 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.

Federal District Court:

  • Western District of Washington

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