Strategy Creation Requires Significant Insights
Strategic use of opinions can provide a significant return on investment — especially when clients leverage great insight early in the development process. AdamsIP produces both verbal and written patent opinions for our clients. Our attorneys share insights during product development. We help clients assess specific competitor threats and the general landscape. We provide insight before and after product launch. Companies across the globe turn to us for these insights when making strategic decisions.
AdamsIP uses our robust industry and technology knowledge to our clients’ advantage. With the increasing damage threats in litigation, opinion requests are on the rise. Our team’s understanding of the industries in which our clients compete enables us to provide insights into the impact of competitor patents and products, and our clients’ own product development and launch plans. We conduct comprehensive reviews and analysis and deliver our opinion in the form most helpful to our client in each instance.
What Type of Opinion?
- Patentability – Has anyone previously disclosed elements of your innovation?
- Validity – Does a patent meet all legal standards, and is it enforceable?
- Freedom to operate – Are there similar patents already in force?
- Landscape – What other patents have been filed in your specific industry?
- Noninfringement – Does your product infringe an existing patent?
Do I need a Patent Opinion?
Patent opinions should be viewed through multiple lenses. From a patent prosecution perspective, they can inform a go or no-go decision process when developing a new product or enhancing an existing one. In patent litigation, they can be used as a means to demonstrate the care taken in product development — and the efforts made to avoid infringement.
Halo Case - Opinions and Damages
In Halo, the Supreme Court replaced the “objectively reckless” requirement with a “subjective willfulness” standard “without regard to whether ... behavior was objectively reckless.” In multiple cases, courts have looked to opinion letters in determining whether to assess enhanced damages.