Category: General IP Management
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Supplier, OEM, and Contract Manufacturer FTO Risks
When you build something new—hardware, software, or even a new product line—you rely on others to bring it to life. Maybe it’s a supplier sending you key components. Maybe it’s an OEM (original equipment manufacturer) helping shape your final product. Or maybe it’s a contract manufacturer assembling the whole thing for you. The Hidden IP…
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Reading Claims for FTO: Terms, Equivalents, Estoppel
If you’re building something new—especially something technical—you need to know one thing for sure: are you free to build it? That’s what freedom to operate (FTO) is all about. Not whether your idea is cool. Not whether it’s patentable. But whether you can safely sell it without stepping on someone else’s legal toes. And that…
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AI for FTO: Automated Claim Matching and Risk Scoring
When you’re building something new—something that could change your industry—the last thing you want is to get blindsided by a hidden patent. One line of code, one tiny feature, one overlooked claim could put everything at risk. That’s where FTO comes in. FTO stands for “freedom to operate.” It sounds boring. But it matters a…
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Pharma FTO: 271(e)(1) Safe Harbor, ANDA, and Labels
If you’re working in pharma—especially on generics or biosimilars—freedom to operate (FTO) is one of those things you can’t afford to get wrong. It’s not just a legal formality. It’s the difference between launching with confidence or getting hit with a surprise lawsuit that can burn years of work and millions of dollars. In this…
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Medtech FTO: Device, Method-of-Use, and Kit Claims
You’re building something that could save lives. Maybe it’s a new medical device, a smarter diagnostic tool, or a better way to treat patients. You’ve got the tech working, the team moving fast, and maybe even investors excited. But one thing can stop you cold: freedom to operate. FTO is what tells you if you’re…
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Software FTO: APIs, UI/UX, and Cloud Method Claims
You’re building fast. You’ve got code shipping, users growing, maybe even some revenue coming in. But there’s a quiet question in the back of your mind—“Are we clear to build this?” That’s what freedom to operate (FTO) is really about. And if you’re working on software, it gets trickier. Especially when you’re touching APIs, interface…
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Global FTO: Key Pitfalls in the US, EU, China, and India
When you’re building something new—something game-changing—you don’t want to waste time or money running into walls you didn’t see coming. One of those hidden walls is called “Freedom to Operate” or FTO. And it matters a lot more than most founders think. Why FTO Isn’t Just a Legal Box to Check FTO Shapes Product Decisions…
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Willful Infringement: How FTO Helps Avoid Treble Damages
If you’re building something new—software, hardware, biotech, AI, or anything innovative—the last thing you want is to get slammed with a lawsuit for patent infringement. Even worse? Getting hit with willful infringement, where a judge can order you to pay up to three times the normal damages just because they believe you should have known…
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Opinion of Counsel: When You Need It and How to Use It
If you’re building something valuable—a new product, a new way of doing something, or a piece of software that changes the game—you’re going to run into legal questions. It’s just part of the process. And one of the smartest moves you can make as a founder or engineer is knowing when to bring in an…
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Design-Around Strategies: Turn FTO Red Flags Into Green Lights
You’re building something big. It’s working. Customers love it. Investors are interested. But then your freedom-to-operate (FTO) search comes back—and it’s not all clear skies. A few red flags show up. Maybe even a few patents that look a little too close for comfort. What an FTO Red Flag Really Means (And Why It’s Not…