Patent validity opinions are important tools that can be used both offensively and defensively to protect and defend a company’s intellectual property. But these opinions come with significant strategic challenges.
If your company has been accused of infringement, challenging the validity of the accuser’s patents can give you leverage. A validity opinion also can reduce the amount of damages that a company may be found liable for infringement. On the other hand, understanding potential weaknesses in your own company’s patents can give you the upper hand and help you to clearly evaluate the risks before you take action against an infringer. Offensive or defensive, a validity opinion can be discovered by the other side in litigation and raise difficult questions.
AEON Law is forward-looking. We take a holistic approach to the purpose of validity opinions and use them to our clients’ advantage. We take the time to explain the pros and cons as well as the implications of our findings. The end result is more than a written opinion. It’s an ongoing conversation with our clients to fully evaluate the options and risks of initiating or defending litigation.
We also can use validity opinions as part of the due diligence process to evaluate the patents involved in a transaction.
Validity opinions are one of a few types of patent opinions that can complement each other in educating clients on the best way forward. We also provide opinions on patentability, infringement, and freedom to operate.
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Adam Philipp, the founder of AEON Law, has been recognized among the leading practitioners of blockchain, cryptocurrency, and fintech law by the National Law Journal.
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