Consulting
Confident Decisions Begin with Sound IP Advice
At Schmeiser Olsen, our consulting practice supports legal teams and business leaders in making informed, defensible decisions across the intellectual property lifecycle. We provide clear, strategic counsel and rigorous due diligence on complex IP matters—ranging from analyzing the strengths and weaknesses of potential litigation, to assessing infringement risks tied to new product launches, to evaluating the validity and enforceability of third-party rights. Our legal opinions enable clients to proceed with confidence—launching products, enforcing patents, making investments, and implementing smart IP strategies—guided by analysis that has proven accurate over time and aligned with long-term business objectives.
Our Consulting Services Empower Your Brand
Explore the range of services we offer to elevate your business.
Freedom to Operate (FTO) Assessments
Clearing the Path to Market Entry
We conduct detailed freedom to operate (FTO) analyses to determine whether a product, process, or technology is likely to infringe third-party patents in the intended market. Our approach goes beyond keyword searches—we analyze claim language, prosecution history, and product architecture to deliver practical, risk-calibrated opinions.
Clients rely on our FTO guidance to support product development, manage exposure, and document good-faith efforts. We frequently work alongside R&D and product counsel to align opinions with technical realities and commercialization timelines.
Validity and Invalidity Opinions
Challenging or Defending Patent Strength
Our validity and invalidity opinions evaluate the enforceability of U.S. and foreign patents in light of prior art, prosecution history, and evolving legal standards. We assist both patent owners and accused infringers in assessing the defensibility of key claims—whether in anticipation of litigation, licensing negotiations, investment diligence, or strategic portfolio reviews.
These analyses are tailored for real-world use: to support invalidity defenses, guide settlement positions, or inform risk-adjusted licensing strategies. Our attorneys bring decades of prosecution and post-grant experience to identifying credible prior art and crafting arguments that hold weight in litigation and at the PTAB.
Non-Infringement Opinions
Assessing Legal Risk Through Detailed Claim Analysis
We deliver formal non-infringement opinions that compare a client’s product or process to asserted patent claims, identifying distinctions that avoid infringement. These opinions are often used to document good-faith behavior, reduce risk of willful infringement claims, and support business continuity when facing potential IP roadblocks.
Our team’s technical expertise allows us to work closely with engineers, product managers, and outside counsel to ensure our analysis captures both the legal nuance and practical realities of the technology involved. We also advise on design-around options when risk levels are elevated.
IP Audits and Portfolio Reviews
Unlocking Value and Aligning IP with Business Goals
We conduct comprehensive IP audits and portfolio reviews to help clients assess the strength, coverage, and commercial alignment of their intellectual property assets. These reviews are critical in preparation for financing rounds, M&A activity, or internal strategic planning.
Our audits include an evaluation of prosecution history, claim scope, enforceability, expiration timelines, and alignment with key product or R&D areas. We also assess trademark and copyright portfolios, flag weaknesses, and recommend best practices for documentation, maintenance, and enforcement.
Pre-Litigation and Pre-Enforcement Due Diligence
Evaluating Success Before Taking Action
Before initiating a patent lawsuit or sending a demand letter, clients turn to us for pre-litigation due diligence that balances legal strength with business risk. We help clients understand not just the merits of enforcement, but also potential exposure to counterclaims, design-arounds, and PTAB challenges.
Our analysis helps clients determine whether enforcement will support their commercial goals—or whether licensing, negotiation, or restraint is the more strategic path. We prepare litigation teams with clear, structured summaries and technical support to streamline early-stage case development.
Pre-IPR and Post-Grant Risk Assessments
Anticipating and Preparing for PTAB Review
For clients considering assertion of patents or facing threats of inter partes review (IPR) or post-grant review (PGR), we offer targeted risk assessments. Our pre-IPR due diligence identifies prior art risks, prosecution weaknesses, and potential claim construction vulnerabilities.
We provide strategic advice on strengthening positions preemptively or adjusting enforcement tactics to avoid triggering review. With experience across both prosecution and PTAB proceedings, our team offers an integrated perspective critical to managing the interplay between litigation and administrative review.
Invention Disclosure & IP Process Consulting
Unlocking Value and Aligning IP with Business Goals
Strengthening Internal Practices for Long-Term IP Success
We advise companies on how to structure and refine internal invention disclosure processes, ensuring that innovation is properly captured, vetted, and translated into protectable rights. This includes improving inventor engagement, ensuring compliance with inventorship standards, and aligning documentation with legal and business objectives.
For clients building or scaling their IP function, we help implement best practices around review committees, inventor incentives, internal IP policies, and workflows—laying the foundation for long-term IP portfolio strength and defensibility.
Legal Opinions That Endure
Schmeiser Olsen delivers opinions that are not only well-reasoned, but consistently proven accurate in practice. Whether used to clear a product for launch, support investment diligence, defend against litigation, or evaluate enforcement risk, our guidance stands up to scrutiny and supports decisive, business-aligned action.
If your team requires clear, strategic IP advice with real-world impact, we welcome the opportunity to serve as your trusted counsel.
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