Abel IP

Patent Procurement

A primary area of the firm’s practice is the drafting and worldwide prosecution of patent applications. The firm engages in strategic procurement activities and not generating, narrow, commercially insignificant patents. Virtually every patent application the firm drafts and prosecutes is focused on a technology with a high likelihood of commercialization. As would be predicted, clients expect the firm’s practitioners to bring their best to the table every day; they do. …read more >>

Strategic Intellectual Property Counseling

Hallmarks of the firm’s practice include the development of a robust understanding of client business plans and client positioning in the marketplace.  Development of such a relationship enables a tailor-made IP framework for each client.…read more >>

IP Due Diligence

Abel Schillinger, LLP attorneys have experience in conducting both buyer-side and seller-side IP due diligence matters, including hands-on experience as both buyers and sellers of businesses and IP portfolios. Abel Schillinger, LLP has conducted IP due diligence on transactions ranging from $300MM+ M&A deals, to venture capital-backed emerging technology companies and university spin-outs.…read more >>

Patent Landscape and Freedom to Operate Analysis

Abel Schillinger, LLP attorneys have significant experience in performing patent landscape and freedom-to-operate (FTO) analyses. The firm’s practitioners have well-developed search capabilities and, as-needed, proven, fully-vetted professional search firms can be employed secondarily to uncover third party patents that may be relevant to a client’s freedom to commercialize products and services. Abel Schillinger, LLP has a particularly well-developed practice in the FTO space, driven by the firm’s client base that is quite active in exploring new product lines. FTO services have been provided in a wide range of technology areas, virtually spanning the entirety of technology practice areas.

IP Audits and Harvesting

IP audits are performed to enhance the value of the client’s IP and proactively to address any deficiencies in an existing patent portfolio. IP audits are oftentimes performed on internal IP assets prior to licensing efforts such as in a joint development or similar context, at the initiation of M&A activity, or at a new round of venture funding. Thus, an IP audit may be conducted as “reverse due diligence” to ensure that a client’s IP and other intangible asset values are optimized and presented in a way that is attractive to potential partners and investors.…read more >>

Legal Opinions

Abel Schillinger, LLP attorneys have significant experience in rendering opinions of counsel. Such opinions capture infringement/non-infringement, invalidity, and unenforceability positions. Non-infringement, invalidity and unenforceability opinions memorialize reasons why a client’s products or services can be commercialized free of particular patent(s) and, in the US, can be used defensively against accusations of willful infringement. Infringement opinions generally investigate whether a third party may be infringing the claims of a client’s patent, and are useful in a pre-litigation context.…read more >>