Legal Opinions That Support Real Business Decisions
Sleman & Lund LLP prepares written legal opinions on intellectual property matters for businesses across the United States. We help companies make informed decisions before launching a product, entering a market, responding to an infringement claim, or closing a transaction.
What a Legal Opinion Actually Does for You
A written legal opinion does more than summarize a lawyer's view. It supports specific business decisions and gives you a defensible record of the analysis behind those decisions.
Supports a Defence Against Willful Infringement
A competent non-infringement or invalidity opinion, obtained in good faith before a product launch, can support a defense against a later claim of willful infringement and the enhanced damages that may follow. What matters is the quality of the analysis and when it was obtained.
Gives Your Board and Deal Team Confidence
A formal opinion gives boards, investors, acquirers, and insurers a defensible analysis they can rely on when approving a launch, transaction, or commercial decision. Informal legal advice usually does not carry the same weight at the board or deal level.
Provides Leverage in Licensing and Settlement Discussions
An invalidity opinion or non-infringement opinion can change the leverage in a license negotiation or settlement discussion. When the other side sees a serious analysis, the terms of the conversation often shift.
Supports Insurance and Indemnification Requirements
Some IP insurance policies and indemnification provisions require a legal opinion as a condition of coverage or as part of risk allocation. A formal opinion can be a direct input into the commercial protection you have in place.
Common Situations That Call for a Formal IP Opinion
Before Launching a New Product or Entering a New Market
Before a launch, companies ask for a freedom to operate opinion to assess infringement risk and identify third-party patents that could block the product. This is the most common reason an opinion is requested.
During M&A, Investment, or Licensing Transactions
Buyers, investors, and licensees often request formal opinions to support deal decisions or satisfy diligence requirements. The opinion becomes part of the deal record and informs negotiation positions.
After Receiving a Cease-and-Desist or Infringement Threat
When a patent owner asserts infringement, companies request non-infringement or invalidity opinions to evaluate the strength of the claim. The opinion informs whether to fight, settle, design around, or seek a license.
Before Investing in Product Development or Manufacturing
Companies request opinions before committing significant capital to confirm the path forward is not blocked by third-party IP rights. Early opinions can prevent costly redirection later in development.
Legal Opinion Services Across Multiple Industries in the USA
Medical Devices
Medical innovations often involve complex technical and regulatory considerations. We prepare opinions for medical technologies, healthcare systems, diagnostic tools, and related innovations.
Mechanical Devices
Mechanical inventions require precise functional and structural analysis. We prepare opinions for mechanical systems and engineered products.
Transportation
Transportation innovations often combine engineering, automation, and system-level functionality. We prepare opinions for transportation-related technologies and products.
Software & Technology
Software-related legal opinions require careful evaluation of patent eligibility, claim scope, and technical implementation. We prepare opinions for software platforms, systems, applications, and technology-based solutions.
Clean Energy
Innovation in renewable and sustainable technologies continues to grow rapidly. We prepare opinions for clean energy and environmentally focused technologies.
Consumer Products
From product functionality to structural innovation, we prepare opinions for a wide range of consumer products and market-ready inventions.
Legal Opinion Types
Freedom-to-Operate Opinions
A freedom to operate opinion assesses whether your product, service, or technology can be commercialized in the United States without infringing active third-party patents. This is the standard opinion sought before a product launch or major market entry.
Validity & Invalidity Opinions
A validity opinion assesses whether a specific patent is likely to withstand a challenge. An invalidity opinion makes the opposite case, setting out the prior art and reasoning that may render a competitor's patent unenforceable. Both are used in litigation defense, licensing negotiations, and pre-suit risk analysis.
Design-Around Opinions
A design-around opinion analyzes whether a proposed modification to a product avoids infringement of a specific patent. These opinions support engineering and product decisions when infringement risk has been identified.
Non-Infringement Opinions
A non-infringement opinion analyzes whether a specific product or activity infringes a specific patent. This is often requested in response to an infringement assertion. The opinion explains why the accused product falls outside the scope of the asserted claims.
Patentability Opinions
A patentability opinion evaluates whether an invention is likely to qualify for patent protection in light of prior art. These opinions support filing decisions and investor or partner discussions before drafting begins.
Our Step-by-Step Approach to Preparing a Legal Opinion
Initial Scoping Discussion
We begin with a confidential discussion of the situation, the technology, the relevant patents, and the decision the opinion is meant to support.
Draft Opinion & Client Review
We prepare a draft opinion for client review, including reasoning, analysis of key references, and supporting authority.
Technical & Legal Analysis
We conduct the technical analysis of the relevant patents, prior art, and product or technology at issue, and apply the relevant legal standards.
Final Written Opinion
We deliver a final written legal opinion that can be relied on for the intended business purpose, with attorney availability for follow-up questions.
Why Choose Sleman & Lund LLP
At Sleman & Lund LLP, we write opinions that answer the question actually in front of you, with the technical analysis and legal reasoning set out so a decision-maker can rely on them.
Multi-Industry Experience
We prepare legal opinions across the U.S. for software, medical, mechanical, transportation, clean energy, and consumer product industries.
Technical Depth
Our attorneys hold advanced technical degrees, which supports opinion work in technology-heavy matters where claim scope and prior art interpretation are central.
Decision-Driven Analysis
We write opinions to support specific business decisions, not as academic exercises. The reasoning is structured for the decision-maker who will actually rely on it.
Direct Attorney Access
Clients work directly with the attorneys preparing the opinion. There is no layered handoff between consultation and analysis.
Confidentiality
Legal opinion engagements often involve sensitive commercial information. We treat every engagement with the confidentiality the situation requires.
Frequently Asked Questions
What is a legal opinion in intellectual property?
A legal opinion is a formal written analysis prepared by an attorney that assesses a specific IP question, such as infringement, validity, or freedom to operate. It is used to support a defined business decision.
How is a legal opinion different from general legal advice?
A written legal opinion is a structured, defensible analysis prepared for a specific purpose. General legal advice is typically informal and not intended to be relied on at the board, deal, or insurance level.
Can a legal opinion protect me from willful infringement?
A well-reasoned non-infringement or invalidity opinion obtained in good faith can help defend against willful infringement claims and reduce the risk of enhanced damages. The protection depends on the quality of the opinion and the timing of when it was obtained.
Who reads the legal opinion?
The opinion is typically used by the company's leadership, board, deal team, insurer, or counsel. It is rarely shared with the opposing party unless that is part of a deliberate strategy.
How long does a legal opinion take to prepare?
The timeline depends on the type of opinion, the number of patents involved, and the complexity of the technology. We discuss realistic timelines at the outset of each engagement.
How much does a legal opinion cost?
Cost depends on the type of opinion, the number of patents involved, and the complexity of the technology. We scope each engagement and discuss fees before the work begins.