Pre-litigation Opinion Letter to Patent Owner
(Patent Infringement and Validity)

Summary

This template is a Pre-litigation Opinion Letter on Patent Infringement and Validity, addressed to a patent owner, discussing whether accused product(s) or process(es) infringe the patent(s) at issue, as well as the validity of the patent(s) in view of the known prior art. This template includes practical guidance and drafting notes. Basic statements of the law that may be relevant to the opinion are included in the template, and should be adapted as necessary for the particular issues discussed in the opinion. For a detailed analysis of pre-litigation opinion letters, see Pre-litigation Opinion on Patent Infringement and Validity. For additional resources related to patent enforcement, see Patent Enforcement Resource Kit.