John D. Hanify Jeffrey J. Upton Theodore J. Folkman

Legal Opinions

Patent validity, infringement, and freedom to operate opinions are powerful documents for patent litigation and licensing. Our team prepares such opinions, particularly with respect to Federal Circuit ex parte and inter partes law. The opinion can provide a “yea” or “nay” during various litigation phases, including whether to take a license during early pre-trial negotiations.

A number of techniques are employed in connection with searches conducted for patent validity, infringement, and freedom to operate opinions, including the use of both manual and computerized searches through the PTO database, the information available in The Hague, and the Japanese patent literature. In addition, we use and have experience with reliable investigators and technical experts selected from academia, both for their credentials and their proven ability to peruse the literature to find relevant unpatented prior art.

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