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

Recording of a 90-minute CLE webcast with Q&A


Conducted on Thursday, July 20, 2017

Recorded event now available

or call 1-800-926-7926
Program Materials

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.

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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

Hines, Doris
Doris Johnson Hines

Partner
Finnegan Henderson Farabow Garrett & Dunner

Ms. Hines focuses her practice on patent litigation and has led teams in U.S. district courts, the U.S. International...  |  Read More

Labeots, Laura
Laura A. Labeots, Ph.D., J.D.

Partner
Husch Blackwell

Ms. Labeots’ legal practice focuses on patent procurement (drafting and prosecution); litigation; patentability,...  |  Read More

Larsen, Scott
Scott Larsen, Ph.D.
Vice President, Intellectual Property
Incyte

Dr. Larsen has more than two decades of experience practicing IP law in the pharmaceutical industry. He manages all...  |  Read More

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