In the world of patent litigation, there rarely much emphasis placed on taking a preemptively defensive posture. There is generally a feeling that ignorance is bliss when it comes to your competitors patent portfolios.
While it’s true that if a potential infringer acts “despite an objectively high likelihood that its actions constituted infringement of a valid patent,” it may be liable for up to triple damages, the knife cuts both ways.
If a potential infringer knows of a patent that it may infringe – a valid non-infringement opinion, reasonably relied upon by the client, can prevent a plaintiff from obtaining damages for willful infringement. The analysis performed may also reveal a clearly non-infringing alternative to the products or processes currently used.
Taking a proactive stance, especially if you think you may be targeted by a litigation happy plaintiff in your field, could save you money in the long-run.
You can read more about the infringement and non-infringement opinion services we offer, here.