Patent Validity Opinions In Light Of Bilski, Ultramercial

Law360, New York (September 22, 2010, 12:45 PM EDT) -- Clients sometimes hire patent attorneys to prepare an opinion letter about whether a patent owned by another party is valid or invalid. The situation often comes up when a third party is attempting to license a patent across an industry and the client wants to avoid infringing a valid, enforceable patent. However, it can also arise as part of a freedom-to-operate analysis before launching a new business venture.

Opinions of patent invalidity are typically prepared by determining whether there are legal grounds for believing that a...
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