Structuring Non-Infringement Opinions and Reducing Risk of Patent Infringement: Key Considerations and Provisions

Recording of a 90-minute premium CLE video webinar with Q&A

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Conducted on Tuesday, August 23, 2022

Recorded event now available

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Course Materials

This CLE webinar will guide patent counsel on preparing and providing non-infringement opinions for companies developing new products. The panel will drill down into what a competent non-infringement opinion should contain. The panel will outline best practices for drafting these opinions to reduce infringement risks.

Description

When developing a new product, avoiding infringing on existing patents is critical. To ensure this, it's essential to understand a competitor's patent portfolio. A non-infringement opinion examines the client's new product to other's patents and can defend against assertions of willful patent infringement.

A competent non-infringement opinion should provide the legal landscape and the prosecution history of the patent in question. The opinion will analyze the claims in question and give an explanation and determination of non-infringement. When facing charges of infringement, the court can use the opinion when deciding whether there was any inappropriate action when the product was developed.

Listen as our authoritative panel of IP attorneys discusses preparing and providing non-infringement opinions for companies developing new products. The panel will drill down into what a competent non-infringement opinion should contain. The panel will also outline best practices for drafting these opinions to reduce infringement risks.

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Outline

  1. Use of non-infringement opinions
  2. Drafting non-infringement opinions
    1. Key considerations
    2. What to include
  3. Communication with clients and implications for litigation
  4. Recent cases/court treatment
  5. Best practices for structuring non-infringement opinions

Benefits

The panel will review these and other key issues:

  • What are the benefits of obtaining non-infringement opinions? What are the risks?
  • What are best practices for patent counsel when analyzing infringement issues and structuring opinions?
  • What considerations should be kept in mind when communicating information with the client?

Faculty

Upadhye,Shashank
Shashank Upadhye

Partner
Upadhye Tang

Mr. Upadhye has one of the most recognizable brands in the world of brand and generic drug development. As the former...  |  Read More

Waters, Jeffrey
Jeffrey L. Waters

Partner; Co-Chair of the Computer Science Practice Group
Cantor Colburn

Mr. Waters concentrates his practice on drafting and prosecuting patents for mechanical and electrical innovations. In...  |  Read More

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