Infringement and non-infringement opinions are important when:

• you suspect a competitor may be infringing your patent;
• you suspect you may be infringing or a competitor alleges infringement;
• preparing for licensing negotiations; and
• preparing for patent infringement litigation.

Before undertaking patent litigation and significant litigation expenses it is necessary to have a full understanding of the legal considerations and consequences of the infringement action.  An infringement opinion demonstrates good faith and reasonableness on the part of the company necessary to avoid harsh legal damages and sanctions in certain infringement actions.  An opinion letter finding no infringement on behalf of your company, both literally, and under the doctrine of equivalents has additional legal benefits such as showing good faith reliance on advice of counsel in defending against a charge of willful infringement.

Opinion letters are also useful when “designing-around” known problematic patents.  By comparing proposed products and services to the patent claims you can reduce your exposure to patent infringement claims and possibly create patentable subject matter.

If you are interested in learning more about infringement and non-infringement opinions please contact us today.