Pre-litigation Opinion on Patent Infringement and Validity

Summary

This practice note addresses how counsel for a patent owner should conduct a pre-litigation infringement and validity investigation and analysis before filing an infringement suit. Counsel should also consider recording the investigation and analysis in a pre-litigation opinion letter. If you are new to patent practice see Patent Law Fundamentals Resource Kit and Patent Litigation Fundamentals for introductory information. For a sample pre-litigation opinion letter see Pre-litigation Opinion Letter to Patent Owner (Patent Infringement and Validity). For an additional discussion on items to consider before filing a patent infringement suit, see Pre-suit Considerations for Patent Infringement Litigation, Intellectual Property Counseling & Litigation § 56.02, and Horwitz on Patent Litigation § 1.10. For additional resources related to patent enforcement, see Patent Enforcement Resource Kit. To learn more about patent pre-litigation and litigation management issues, see Intellectual ...