Intellectual Property Portfolio Counseling
Mining your IP Portfolio

Infringement and Litigation Avoidance

IP lawsuits are expensive.  A lawsuit will not only cost you money, but will distract you and your employees from running your business. Even the prospect of a lawsuit may hinder potential business opportunities. RKM aims to position its clients to avoid litigation wherever possible by understanding the IP landscape and appreciating the risk involved in doing business.

 

Freedom to operate search and opinion

Your new product offering may be provided to your customers with a warranty that such product will not infringe the intellectual property rights of third parties.  Before you launch that new product or brand, understand the level of risk you may have with respect to infringement of others’ rights.  While any search is a sampling procedure, a freedom to operate search and opinion attempts to identify and predict potential intellectual property roadblocks, and may help you avoid increased damages in the event that your product is ever found to infringe.  It is simply good business practice to try proactively to identify potential risk so that you may balance that risk with your expected reward.

 

Patent validity and enforceability searches and opinions

When it comes time to enforce your patent, or if someone has threatened to enforce their patent against you, it is time to analyze whether such patent is valid and enforceable, or whether it is susceptible to an invalidity defensive attack.  A patent validity and enforceability opinion involves a review of a patent, its prosecution history, and the prior art landscape to determine potential weaknesses in an ability to withstand defensive attacks, such as lack of novelty, obviousness, lack of patentable subject matter, and inequitable conduct.

 

Noninfringement opinions

Have you been accused of patent infringement?  Are you aware of a competitor’s patent and want to understand your options?  A noninfringement opinion includes a review of one or more identified patents or patent applications and a comparison of the patent claims to your product, product design, or service to determine the level of risk you may have of infringement.  If the level of risk is too high, RKM can work with you to develop a strategy to lower that risk through design around efforts or affirmative attacks against such patents.

 

Our Intellectual Property Portfolio Counseling Attorneys

Joseph A. KromholzFounding Partner
John M. ManionFounding Partner
Dan JohnsonPartner
Patrick J. FleisPartner
Laura A. DableAttorney
Stephen A. KobzaAttorney
Mollie Ambrose NewcombAttorney