IP Consulting

Legal Opinions

Numerous valid reasons exist to prepare a legal opinion under United States law. For example, a company should always prepare a freedom to operate opinion before it introduces a new product into the United States market. Another reason for preparing a legal opinion under United States law is to determine whether an infringement of a United States patent exists. Such an opinion can be prepared either proactively or based on a company’s duty of diligence, for example, after it has been served with a cease and desist letter by a United States patent holder.

If infringement exists, a legal opinion can also help to determine whether the underlying United States patent can be attacked through a reexamination proceeding before the United States Patent and Trademark Office or through an invalidity proceeding before a United States court of law. Such an independent written legal opinion can furthermore protect a company against triple damages and the payment of attorney fees to the patent holder.

Our firm offers consultation, analysis, and the preparation of each of the aforementioned legal opinions under United States patent law.