Patent Opinions

Patent Opinions if utilized correctly can shield a company from being sued for infringement and from an intractable infringement verdict. The LPO undertakes Invalidity Analysis, Non-Infringement Analysis and Prior-Art Searches. It can also formulate Freedom to Operate/Right to Use Clearance Reports.

The impact of patent opinions on willful infringement and attorney-client privilege issues cannot be overstated and the Federal Circuit’s en banc decision in In re Seagate Technology contains more subtle ramifications than initially meet the eye. This decision is the third major decision in as many years concerning these critical issues. The first two decisions, Knorr-Bremse and In re EchoStar, took incremental approaches in attempting to bring under control what many considered to be an onerous, unpredictable, and often absurd aspect of patent litigation.

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