Counseling, Freedom To Operate, And Due Diligence
Our attorneys at PV Law LLP counsel clients on issues related to Freedom to Operate (FTO) opinions.
Bringing new products to market in the United States can be fraught with challenges. Our attorneys have tremendous depth with a wide spectrum of intellectual property (IP) issues and provide holistic counsel to companies looking to enter the U.S. market.
This experience allows us to provide the knowledge and insight necessary to navigate the complex world of IP laws and practices.
Freedom To Operate Opinions
We are experienced in performing the necessary elements for an FTO opinion. An FTO permits an entity to assess whether a competitor has a patent on a similar product. If there is potential for infringement found by an FTO analysis, it could prevent a product from coming to market or complicate the process by bringing an infringement case.
We suggest this analysis be done as early as possible in the development process in case it becomes necessary to design around the patent. This can assist with securing rights to commercial production and marketing of a product and reduce the likelihood of an infringement claim or, at least, prepare proper expectations.
This analysis can also bring to light other opportunities for other patents or help determine if licensing is the most cost-effective resolution.
An FTO opinion can provide a realistic overview of the market and potential risks as well as opportunities. Our lawyers can help provide the counsel needed to develop proper expectations for the landscape in which a product will arrive in the U.S.
Due Diligence Process
Due diligence with regard to IP is critical, whether a purchase involves a specific patent, group of patents or a company’s IP portfolio outright.
Our attorneys will examine the existing portfolio, analyze the validity, highlight any transfer issues, and assist with the transfer. This ensures that our clients know what they are buying and its strengths or weaknesses, which can enable them to make an informed and accurate offer.