Opinions
In today's highly competitive environment, a charge of patent infringement cannot be taken lightly. If no positive action is taken, the costs could devastate the company as courts are allowed to triple damages for so-called "willful infringement." Opinions provide one way to reduce the downside risk when a patent is asserted. A well thought out and well-crafted opinion can shield the accused infringer from a finding of willful infringement and the financial burden that comes with treble damages.
Opinions can lead to further innovation on the part of the accused infringer as weaknesses in the competitor's patent are found and exploited. This is often referred to as "designing around" the patent. If successful, this may eliminate any liability for infringement, and even could result in a patent on the improved technology for the accused infringer. One that could be asserted against later work by the original patent owner.
We have the skill sets needed to provide defensible opinions. First, we understand the technology side. Further, we have the legal expertise to filter through the file history to determine what the patent really claims. We can find weaknesses in the patent, if any, identify non-infringing alternatives, and back-up our work with a written opinion.