Strategic Assets

New Product Clearance

New product launches may be the exciting culmination of years of research and development and add significantly to a company’s bottom line. All too often, that excitement is tempered by the receipt of a cease and desist letter from a competitor alleging patent infringement, especially if no product clearance investigation was conducted prior to the launch. If well-founded, patent infringement concerns may require redesign of the product, or even withdrawal of the product from the market. In a worst-case scenario, patent litigation may ensue, leading to a permanent injunction preventing sale of the product and the payment of patent damages. Those damages may be tripled and payment of the competitor’s attorney’s fees may be awarded if infringement is found to be willful.

Carter DeLuca proactively evaluates the patent landscape prior to product launch to identify and address potential infringement risks and help ensure a new product’s expected benefits to a business’s bottom line. By performing well-strategized searches and exhaustive analysis, we guide navigation of the minefield of potential patent issues, providing design-around advice, freedom-to-operate opinions with respect to the product’s technology, and non-infringement opinions with respect to specific patents, minimizing the risk of a willful infringement determination. Where necessary, we develop invalidity positions with respect to specific patents and enlist the help of competent foreign associates to evaluate the patent landscape in relevant foreign markets.  Our product clearance advice enables clients to launch products with confidence: aware of, armed against, and ready to address potential infringement risks that may exist.