Dergosits & Noah LLP provides clients throughout the San Francisco Bay Area with comprehensive representation in the full spectrum of patent transactions. In addition to preparing and prosecuting patents, we seek to develop and implement patent portfolios that will help our clients accomplish their long-term business and financial goals.
A properly prepared non-infringement opinion can be a crucial component of new product introduction; it can also provide important documentation should infringement litigation arise later. A non-infringement opinion includes a detailed description of the product's processes, an analysis of each individual claim being made, and any applicable case law that might affect the scope of enforceability of a patent. An effective opinion must also include an analysis of the doctrine of equivalents, which allows a court to hold a party liable for patent infringement whenever a device or process is equivalent to the patent claims, even if it is not literally the same as the patent claim.
Freedom to Operate
A freedom to operate (FTO) search and analysis can be an essential tool in preventing later claims of patent infringement. We can minimize this risk by thoroughly researching whether a proposed innovation is impacted by the patent rights of others. FTO analysis can also identify opportunities for designing around the patent rights of others in the competitive landscape.
For investors looking to purchase companies who hold patents and other intellectual property, it is important to perform thorough due diligence before completing the transaction to ensure that the investor or purchaser understands the strength and value of the patents it is obtaining, and is aware of any potential problems that may arise.
Licensing a patent can be an important tool in maximizing its value. However, drafting and securing the best possible licensing agreement requires more than good negotiation skills. Dergosits & Noah LLP has extensive experience in drafting careful agreements and performing transactions to our clients' satisfaction.