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ARTICLE · 13 MAY 2025

Using Patent Opinions To Avoid Litigation And Spur Strategic Growth

Taft, Stettinius & Hollister LLP
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Patent opinions of counsel encompass a variety of deliverables ranging from focused opinions addressing infringement and/or validity of a particular patent to broader freedom to operate (FTO)...

United StatesIntellectual Property
Jason A. Houdek
Jason A. Houdek
John D. Grasty
John D. Grasty
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Originally published in the May 2025 issue of IP Litigator and The Licensing Journal.

Patent opinions of counsel encompass a variety of deliverables ranging from focused opinions addressing infringement and/or validity of a particular patent to broader freedom to operate (FTO) opinions addressing multiple patents and the ability to develop, manufacture, and market products without infringing valid intellectual property rights of others. Patent opinions offer a number of well-established business benefits, including avoiding liability for patent infringement, defending against allegations of willful infringement and associated risks of enhanced damages, and establishing a valid basis for asserting patent infringement and bringing an enforcement action. They also present strategic opportunities for innovation, technology roadmap development, and business resource planning and conservation. This bulletin reviews the well-established benefits of patent opinions and

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