Patent Opinions

Strategic Focus Requires Critical Insights

Strategic use of opinions can provide a significant return on investment — especially when you can leverage great insight early in the development process. We produce both verbal and written patent opinions for our clients. Our attorneys share insights during product development. Help clients assess specific competitor threats and the general landscape. And weigh in before and after product launch. Companies like Johnson & Johnson turn to us for these insights when making strategic decisions.

Awards

Patexia

Ranked as the Top 10 Most Active Law Firm for Biotech Patents (Patexia, 2024).

Ocean Tomo

Named among Top 20 Firms producing the Highest Quality Patents nationally

Managing Intellectual Property

Massachusetts IP practice and US Life Sciences Patent practice included on MIP’s list of Top Patent Firms, and 9 attorneys ranked among “IP Stars” (2019)

IAM Patent 1000

California Patent practice and 12 attorneys recognized among the “World’s Leading Patent Practitioners” (2020)

Our Experience

Trusted

With clients most sensitive patent matters

Assessing Competitive Threat to Medical Device Client

Mintz conducted a comprehensive analysis of a portfolio held by a competitor in relation to our client's products. The team identified a number of weaknesses in the portfolio, ultimately advising the client that based on multiple issues associated with each patent they could maintain production and distribution of their products.

Our Approach

Mintz uses our deep industry and technology knowledge to our clients’ advantage. With the Halo decision and increasing damage threats in litigation, opinion requests are on the rise again. Our understanding of the industries in which our clients compete enables us to view patents within a more fulsome context — allowing us to provide insights into the impact of competitor patents and products, and our clients’ own product development and launch plans. We conduct comprehensive reviews and analysis from the macro market level to the micro claims level. And we deliver our opinion in the form most helpful to our client in each instance.

Got a Question? Ask for an Opinion.

Patentability – Has anyone previously disclosed elements of your innovation?
Freedom to operate – Are there similar patents already in force?
Validity – Does a patent meet all legal standards, and is it enforceable?
Noninfringement – Does your product infringe an existing patent?

Opinions Serve Multiple Purposes

Patent opinions should be viewed through multiple lenses. From a patent prosecution perspective, they can inform a go or no-go decision process when developing a new product or enhancing an existing one. In patent litigation, they can be used as a means to demonstrate the care taken in product development — and the efforts made to avoid infringement.

Halo - What’s It to You?

The 2007 Seagate decision by the Federal Circuit Court had set the “objectively reckless” standard in determining whether infringing behavior warranted enhanced damages. In Halo, the Supreme Court loosened that standard, replacing the “objectively reckless” requirement with a “subjective willfulness” standard “without regard to whether ... behavior was objectively reckless.” In multiple cases, courts have looked to opinion letters in determining whether to assess enhanced damages.

What Our Clients Are Saying

When it comes to law firms, Mintz rolls off my tongue the fastest, especially for a major issue that I don’t know how to approach. I know they’ll do the analysis and figure it out.

Deputy Chief Intellectual Property Counsel, Large Med Tech Company, BTI Client Satisfaction Survey

Mintz is the top of our list for opinion work & due diligence for acquisitions.

Assistant General Counsel - Patents, Large Med Tech Company, BTI Client Satisfaction Survey

Meet Mintz

Our team's bicoastal bench includes attorneys with deep technical knowledge and insight into USPTO decision-making that enables us to provide valued insights to clients.