Opinions of Counsel A Litigator’s Perspective Rick Matthews Friday, February 4 © 2011 Hultquist IP. All rights reserved.

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Presentation transcript:

Opinions of Counsel A Litigator’s Perspective Rick Matthews Friday, February 4 © 2011 Hultquist IP. All rights reserved.

COMMON IP PRACTICE AREAS Patents Trademarks Copyrights Licensing IP Litigation IP Transactional Services © 2011 Hultquist IP. All rights reserved.

OPINIONS OF COUNSEL Not always first considered when researching, developing, designing, fabricating, etc. So, why are opinions necessary? And, what purpose do they serve? © 2011 Hultquist IP. All rights reserved.

OPINIONS OF COUNSEL Purpose: To better determine whether products or processes infringe a valid patent claim (Opinions are not a guarantee of success in litigation) To modify design to reduce risk with respect to third party patent – and possibly avoid litigation © 2011 Hultquist IP. All rights reserved.

OPINIONS OF COUNSEL Purpose: To determine/develop best defenses against patent owner To assess risks, possibly to decide not to proceed with a product To defend against a willfulness allegation in litigation © 2011 Hultquist IP. All rights reserved.

OPINIONS OF COUNSEL Types: Non-infringement Invalidity Clearance (Freedom-to-Operate) © 2011 Hultquist IP. All rights reserved.

OPINIONS FROM NON-ATTORNEYS Refrain from “non-attorney” (e.g., engineer) written opinions, especially negative opinions concerning patents Likely will not be privileged Might be wrong – but could be used in litigation Could undermine correct opinion from qualified U.S. Patent Attorney © 2011 Hultquist IP. All rights reserved.

THANK YOU © 2011 Hultquist IP. All rights reserved.