Freedom to Operate Opinions
About
Know where you stand before moving into a new technology space
“Freedom to operate” (FTO) or “right to use” opinions involve identifying and analyzing the issued patents and pending applications of others that could potentially subject your company to patent-infringement liability. By performing an FTO analysis before developing and/or launching a new product or before acquiring a new company, you can limit the risk of future litigation and avoid unnecessary expense. In the United States, an accused patent infringer may be liable for enhanced damages of up to three times the assessed damage for willful infringement, so it is prudent to take proactive steps ahead of market entry.
Contacts
Experience
We represented a major travel-related company in securing worldwide patent protection on a diverse portfolio of software and business-method–related inventions. We advised and defended the client on various allegations of patent infringement and third-party claims for indemnification against infringement allegations. We also assisted in establishing company patent and other IP policies, conducting due diligence and patent clearance investigations, and managing the entire IP portfolio.
A European company asked us to conduct intellectual property (IP) due diligence on a technology it was looking to acquire. The renewable energy focused on the production of photovoltaic cells. In less than one month, we coordinated prior art searches in Europe and the U.S., evaluated the search results containing over 500 U.S. and European patents, provided our opinion on freedom to operate with the target technology, and set up a system to monitor European and U.S. patents that may be granted in the future.
