A validity and enforceability opinion is a legal opinion concerning the validity and enforceability of an issued patent. The analysis includes assessing the prior art, the circumstances surrounding the prosecution of the patent application and other relevant matters. A validity and enforceability opinion can provide an assessment of how strong an issued patent is. All issued patents are presumed to be valid, so it is a significant evidentiary burden to demonstrate that a patent is invalid and unenforceable.
Sometimes patents have to be enforced. In some industries this is rare, in others it is a day-to-day reality. You need to know whether a given act will infringe a patent. You need to know how that will apply in different countries. You need to know if a patent is valid or invalid. Our job is to give you a clear answer to these questions. And in the end, there is a binary outcome – a patent is infringed or it is not, and to the extent it is infringed, the subject-matter is either valid or it is not.
