Structuring Non-Infringement Opinions and Reducing Risk of Patent Infringement: Key Considerations and Provisions
Recording of a 90-minute premium CLE video webinar with Q&A
This CLE webinar will guide patent counsel on preparing and providing non-infringement opinions for companies developing new products. The panel will drill down into what a competent non-infringement opinion should contain. The panel will outline best practices for drafting these opinions to reduce infringement risks.
Outline
- Use of non-infringement opinions
- Drafting non-infringement opinions
- Key considerations
- What to include
- Communication with clients and implications for litigation
- Recent cases/court treatment
- Best practices for structuring non-infringement opinions
Benefits
The panel will review these and other key issues:
- What are the benefits of obtaining non-infringement opinions? What are the risks?
- What are best practices for patent counsel when analyzing infringement issues and structuring opinions?
- What considerations should be kept in mind when communicating information with the client?
Faculty
Shashank Upadhye
Partner
Upadhye Tang
Mr. Upadhye has one of the most recognizable brands in the world of brand and generic drug development. As the former... | Read More
Mr. Upadhye has one of the most recognizable brands in the world of brand and generic drug development. As the former chief in-house counsel at three leading pharmaceutical companies (Apotex, Inc., Sandoz-Novartis, and Eon Labs, Inc.) and as a division counsel for a medical device company (The Cook Group), he is known for spearheading innovative business and legal strategies to protect existing drug or device patents – or challenge those of a competitor. A prolific writer and frequent speaker, Mr. Upadhye is the author of dozens of articles and has spoken on topics dozens of times at key industry conferences nationally and internationally. Further, he writes the 1400+ page leading book on navigating complex U.S. laws of FDA brand/generic drug development: Generic Pharmaceutical Patent & FDA Law, now in its 13th Edition (2020).
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Jeffrey L. Waters
Partner; Co-Chair of the Computer Science Practice Group
Cantor Colburn
Mr. Waters concentrates his practice on drafting and prosecuting patents for mechanical and electrical innovations. In... | Read More
Mr. Waters concentrates his practice on drafting and prosecuting patents for mechanical and electrical innovations. In particular, he has experience with patent issues relating to GPS, Internet and e-commerce, semiconductor devices and processing methods, and telecommunications. While Mr. Waters’ practice focuses on patent drafting and prosecution, he also has experience with patent litigation, having defended multiple patent infringement lawsuits. Mr. Waters also has experience in conducting due diligence investigations and drafting opinions.
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