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Opinions | Scully Scott Murphy & Presser PC

From our first days as a law firm, businesses have looked to us to provide scientifically sound, precise and reliable opinions regarding validity, infringement, clearance/right-to-use, state-of-the art, patentability, and valuation opinions. Our clients require accurate, detailed information to assist in proper courses of action. When making critical business decisions such as a new product launch, transfer of right of a new or existing product, opinions become an invaluable tool.

In the trademark arena, we construct opinions on right-to-use/infringement and right-to-register, as well as unfair competition, dilution, and internet considerations such as domain name opinions; and for copyrights, copyright duration, ownership, infringement and fair use. In providing a clearance opinion prior to commercialization of a new product, we draw upon our extensive engineering and science experience in these fields and supply valuable advice to clients to modify their designs to insure new products are free of Intellectual Property rights of others.

In preparing our opinions, we conduct nothing short of a rigorous investigation of the prior art and a thorough application of legal principles to the results of the investigation. We have a long history of conducting our own patent and trademark searches both on-line and via the public search room at the U.S. Patent and Trademark Office. We provide a complete analysis of claim construction, as well as issues of unenforceability, and we prepare our opinions with the full knowledge of our client’s business goals. And, where necessary, we utilize this knowledge to assist the client in achieving those goals through negotiations and/or litigation.

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