Legal Opinions

A Legal Opinion is the formal advice of an attorney on the applicability of the law to a particular set of facts. These opinions are typically drafted for the attorney's client or for a third party. There are generally four stages that apply to legal opinions. First, the attorney investigates and determines the relevant facts; second, the substantive law is applied to the facts to reach a legal conclusion. As the third stage, the conclusion is communicated to the client or to the third party. The final stage involves the client or third party using the opinion to make a business decision.
Intellectual property opinions are used to achieve a variety of business goals. For example, an opinion can be used by a client to determine whether intellectual property rights are available to the client for new products or other assets, such as brand names. Also, the opinion could be used to determine whether or not a new product or brand name infringes the intellectual property rights of a third party, to assess the risks associated with launching the new product or brand name into the marketplace. The opinion could also be used to determine the value of IP in a merger or acquisition; who will own the IP in the event of a sale of IP assets or in connection with a joint venture; and any potential infringement of third-party rights as a result of the transfer.

In addition to the numerous business reasons for obtaining a legal opinion there are also some considerably important legal reasons. Perhaps the most prominent is to provide a defense against a charge of willful patent infringement. Increased damages in patent infringement cases have been awarded based on a finding of willful disregard for the infringed patent. A patent non-infringement opinion or an invalidity opinion may be used to demonstrate that the accused infringer had the foresight to consider possible infringement and that he acted on the advice of counsel and therefore should not be considered a willful infringer.

There are many reasons to obtain legal opinions, particularly patent non-infringement and patent invalidity opinions, that can be used as a shield under the law. By obtaining and following a well-reasoned non-infringement or invalidity opinion, a client may develop a defense against a charge of willful patent infringement.

Litigation is another arena where it may be important to have a solid patent analysis. For example, if you are being sued for patent infringement it is extremely beneficial to have a solid non-infringement analysis done in order to negotiate an early settlement. If you can prove to opposing counsel that the case has little or no chance of reaching a favorable verdict in their favor then settlement or even dismissal of the case may be probable.
We are experienced in this area and have drafted numerous legal opinions in the past and have assisted litigants reach early settlement rather than face ever increasing legal fees. Please contact if you need legal counsel or if you feel you may need a legal opinion drafted.