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Counseling and Opinions

Given the increasing number of patent litigation actions and with legal fees alone topping, on average, $2 million in the defense of a garden-variety patent infringement action through a first-impression jury trial, clients need to know, now more than ever, that they are reasonably safe from having to answer an allegation of patent infringement as they bring a product to market. For this reason, clients frequently turn to us for comprehensive clearance opinions and advice on how to modify products to design around patent claims potentially capable of assertion and how to otherwise avoid a finding of willful infringement and an award of enhanced damages.

Clients also rely on the Bilicki Law Firm to provide meaningful advice regarding patent validity and enforceability of others' patent claims, as well as the likelihood of others' products infringing the client's patent claims, whether on a small scale with respect to a single patent and product, or on a large scale with respect to a portfolio of patents and an entire product line.

Our litigation experience enables us to deliver opinions that provide clients with clear and concise guidance, notwithstanding the legal and factual complexities that often exist.

These skills serve our clients well as we confront global trademark clearance issues in the launch of a client's brand, which often involves significant investments of advertising and marketing dollars. We evaluate the merits of letters from competitors who may be unfairly asserting claims against our clients, as well as play the opposite role of assessing the merits of our client's potential claims against others, allowing our client's IP assets full play in the marketplace.