Structuring Freedom-to-Operate Opinions: Reducing Risk of Patent Infringement

Combating Troubling FTO Results, Overcoming Potential Roadblocks, Addressing Impact of Post-Grant Process on FTO Opinions

A 90-minute CLE webcast with interactive Q&A


Thursday, July 20, 2017
1:00pm-2:30pm EDT, 10:00am-11:30am PDT


This CLE webinar will provide guidance to patent counsel preparing and providing freedom to operate (FTO) opinions for companies developing new products. The panel will outline best practices for drafting FTO opinions to reduce infringement risks.

Description

FTO searching and analysis is a critical component in the development of a product. Counsel must prepare product inventors to document information for sound decisions regarding whether they have the freedom to operate in a certain patent area.

The Supreme Court underscored the importance of FTO opinions in its decision in Commil USA v. Cisco Sys. Companies should work with counsel to develop an FTO opinion before proceeding with research, development and commercialization of a product to minimize the risk of infringing another’s IP rights.

Patent counsel should establish and implement FTO search and analysis strategies to uncover enforceable patents that may prove to be a roadblock for development and marketing of a product. Further, counsel should anticipate and prepare to respond to post-grant validity challenges and their potential impact on FTO analysis.

Listen as our authoritative panel of patent attorneys discusses best practices when drafting FTO opinions for companies planning to develop new products. The panel will discuss the impact of post-grant challenges and strategies for employing FTO opinions.

Outline

  1. Drafting FTO opinions
    1. Problem results
    2. Roadblocks
    3. Privilege and confidentiality
    4. Alternative resolutions
  2. Impact of the post-grant process on FTO opinions
  3. Strategies for employing FTO opinions

Benefits

The panel will review these and other key issues:

  • What are best practices for patent counsel when analyzing FTO issues and structuring FTO opinions?
  • What is the impact of the post-grant process on FTO opinions?
  • When should counsel seek FTO opinions to protect new research and products from infringement claims?

Faculty

Doris Johnson Hines, Partner
Finnegan Henderson Farabow Garrett & Dunner, Washington, D.C.

Ms. Hines focuses her practice on patent litigation and has led teams in U.S. district courts, the U.S. International Trade Commission, and before arbitration panels. She has argued a number of cases before the U.S. Court of Appeals for the Federal Circuit. She regularly represents clients in mediations and assists in licensing negotiations. She advises clients on strategic patent prosecution, monetization strategies for issued patents, and patent damages, including issues relating to standard essential patents and fair, reasonable, and non-discriminatory (FRAND) terms.

Laura A. Labeots, Ph.D., J.D., Partner
Husch Blackwell, Chicago

Ms. Labeots’ legal practice focuses on patent procurement (drafting and prosecution); litigation; patentability, invalidity and infringement analyses; freedom-to-operate opinions; licensing agreements; appeals; and inter partes proceedings before the USPTO. Her practice is centered on the chemical arts, which stems from a combination of her masters and doctorate degrees in organic chemistry, and a decade of work as a research scientist at the bench.


Live Webcast

Live Webcast $297.00

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This webcast is eligible for at least 1.5 general CLE credits.

CLE credits are not available for PR.

*In KS, OH, PA, for more than 1 attendee on the connection you must contact Strafford CLE via email or call 1-800-926-7926 ext. 35 prior to the program for special instructions.


Recordings

CLE On-Demand - Streaming Video

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Recorded Event

Includes full event recording plus handouts (available after encore webcast).

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AK, AZ, CA, CO, CT, FL, GA, HI, IA, ID, IL, KY, ME, MN, MO, MT, ND, NJ, NM, NY, OR, PA, TN, TX, UT, VT, WA, WV, WY (Note: Some states restrict CLE eligibility based on the age of a program. Refer to our state CLE Map for additional information.)

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Webcast

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Customer Reviews

I liked the practical insights, particularly when tied to cases the presenters had worked on.

Michael Gray

Kohler

Strafford provided an enthusiastic presentation that focused on patent practice, not theory.

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Vance Intellectual Property

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Grais & Ellsworth

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Patent Law Advisory Board

Charles S. Baker

Partner

Locke Lord

David S. Bloch

Partner

Winston & Strawn

Irah H. Donner

Partner

Manatt

Ian N. Feinberg

Partner

Feinberg Day Alberti & Thompson

Anthony J. Fitzpatrick

Partner

Duane Morris

David Segal

Senior IP Counsel

Intel

Astrid R. Spain

Partner

Jones Day

Mark P. Wine

Partner

Orrick

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