The ability to identify, assess and avoid the scope of competitor's intellectual property rights is an important component of the product development cycle. Considering the costs of resolving legal disputes, the monetary penalties available against infringers, and the possibility of injunctive relief and enhanced damages, the consequences of introducing an infringing product in the marketplace can be severe.

Fitch, Even, Tabin & Flannery® offers product clearance analysis services of unparalleled depth and quality. All product clearance projects are handled by attorneys having the appropriate background to fully understand the relevant technical features of the product, and the possible alternatives. We rely on longstanding relationships with experienced professional searchers, as well as on our own electronic literature search capabilities, to develop a comprehensive collection of potentially relevant patents. We leverage the firm's litigation experience to assure a realistic assessment of the potential scope of competitive rights and the risks associated with each proposed design.

If an infringement concern arises, we can help guide the product development toward a non-infringing design, oftentimes leading to potentially patentable improvements to earlier approaches. We work hard to complete the clearance process within the time constraints dictated by business considerations.

Fitch Even is also proficient at helping assure that our clients act in a commercially reasonable manner with respect to the intellectual property rights of their competitors. We have counseled small and large organizations alike on the establishment of practices and procedures for developing and documenting a comprehensive record of good faith to minimize the risk of enhanced damages at trial. We provide highly competent independent legal opinions relating to the validity and/or non-infringement of competitor's rights. Our extensive litigation practice permits us to provide realistic validity and infringement advice that is enlightened by our courtroom experiences.

Our attorneys are also frequently called upon to provide legal opinions in connection with due diligence for business mergers and acquisitions, potential joint venture relationships, and intellectual property acquisition initiatives.