Strategy for Freedom to Operate
and Patent Challenge Proceedings
- Extensive experience: Conducted many freedom to operate analyses and managed issue
resolution from both the offensive and defensive perspective, partnering with IP enforcement in-house and with outside counsel. - Conduct freedom to operate analysis: Scope of review includes patents, file histories, prior art and relevant case law.
- Lay out options and timelines: Present options and timing to deal with competitors and
FTO matters that arise (especially around the time of product launch), e.g., a client’s own
FTO issue or a patent infringement position to assert vs. competitors. These matters can
involve litigation, USPTO proceedings, and patent oppositions. Some options have deadlines.