Prior to any product launch, the likelihood of patent infringement should be appropriately addressed through a Freedom to Practice or Freedom to Operate Study. Whether conducting a Freedom to Practice or Freedom to Operate Study, a Right-to-Market Study or a Clearance Study, KramerAmado applies a rigorous standard necessary to provide business certainty. KramerAmado conducts a thorough and in-depth search to identify intellectual property that is at risk for infringement and addresses each of those risks appropriately. By analyzing the individual claims of each identified patent and application, the firm counsels its clients with regard to Non-Infringement, Design Around, Licensing and Invalidity where appropriate.
While the basic features of each Freedom-to-Practice study remain the same, KramerAmado partners with its clients to provide the specific product that meets their needs. In order to meet the requirements for each unique study, the team seeks to identify the relevant market, the value of the product or service subject to review, the relevant competitors and competing products, upstream suppliers and downstream customers. This is all done with a belief that understanding the client's business allows them to appropriately tailor the scope of the study, the depth of the analysis, the cost, and the nature of the finished opinion to meet the client's specific needs.