Patent Transactions in San Francisco, CA
Dergosits & Noah LLP provides clients with comprehensive representation in the full spectrum of patent transactions in San Francisco, CA. In addition to preparing and prosecuting patents, we seek to develop and implement patent portfolios that will help our clients accomplish their long-term business and financial goals.
A properly prepared non-infringement opinion can be a crucial component of new product introduction; it can also provide important documentation should infringement litigation arise later. A non-infringement opinion includes a detailed description of the accused product or process, an analysis of each individual patent claim being asserted, and any applicable case law that might affect the scope of the patent claims for purposes of viable non-infringement or invalidity defenses. An effective opinion must also include an analysis of the doctrine of equivalents that allows a court to hold a party liable for patent infringement whenever a product or process is found to be an equivalent to the patent claims, even if it is not the same as the patent claim.
Freedom to Operate Search
A freedom to operate (FTO) search and analysis can be an essential tool in preventing later claims of patent infringement. We can minimize this risk by thoroughly researching whether a proposed innovation is impacted by the patent rights of others. FTO analysis can also identify opportunities for designing around the patent rights of others in the competitive landscape.
For investors looking to purchase companies that hold patents and other intellectual property, it is important to perform thorough due diligence before completing the transaction to ensure that the investor or purchaser understands the strength and value of the patents it is obtaining and is aware of any potential problems that may arise.
Licensing a patent can be an important tool in maximizing its value. However, drafting and securing the best possible licensing agreement requires more than good negotiation skills. Our patent licensing attorneys have extensive experience in drafting careful agreements and performing transactions to our clients' satisfaction.