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Amin, Turocy & WatsonIntellectual Property

Opinions & Diligence

The analysis that happens before anyone files anything.

Much of the most consequential patent work never becomes a filing. It is the freedom-to-operate study that reroutes a product design, the invalidity analysis that changes a licensing posture, or the diligence that reprices an acquisition.

We prepare non-infringement and invalidity opinions, freedom-to-operate and clearance analyses, and patentability assessments. For clients facing an assertion, we build the technical and prior-art record supporting the position long before a complaint is filed — which is also, not coincidentally, when it is cheapest to build.

On the transaction side we conduct patent portfolio diligence for mergers, acquisitions, financings, and licensing deals: what a portfolio actually covers, where enforcement risk sits, which families are worth their maintenance fees, and whether the chain of title survives inspection.

Freedom to operate, scoped honestly

A clearance study that reviews everything is unaffordable, and one scoped too narrowly provides false comfort. The useful version starts from the product as engineers actually describe it, identifies the handful of features likely to attract claims, and searches those properly — then says plainly which questions were asked and which were not.

An opinion that hedges every sentence protects its author and nobody else. Ours reach a conclusion and state the basis for it, including where the conclusion is close.

Diligence that reads the file, not the spreadsheet

Portfolio diligence usually arrives as a list of numbers and a deadline. The value is in what the list omits: families whose independent claims were narrowed to something the accused product does not do, assignments that never recorded, priority chains with a gap, terminal disclaimers binding families to patents that have since expired. Those findings change a price. Counting patents does not.

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