- Introduction to the Field
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Freedom to Operate (FTO) Analysis, also referred to as Infringement Risk Clearance, aims to identify potential infringement risks associated with target products or technical solutions prior to any market activities, and provides strategic reference and guidance for subsequent decision-making.
With a professional and proficient team of patent attorneys and lawyers covering a wide range of technical fields and possessing extensive experience in both patent litigation and invalidation, Liu & Shen provides high-quality FTO services to a wide range of clients, safeguarding their innovation initiatives.
- Service Content
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- Pre-launch FTO analysis in target markets and regions
- FTO analysis of core or pipeline products of target companies during investment and merge & acquisition (M&A) due diligence
- IP due diligence and FTO analysis of key or R&D-stage products during pre-IPO and on-going IPO processes
- FTO analysis targeting a competitor’s patent portfolio
- Patent Monitoring – Regular monitoring of a target company’s patents and concurrent infringement risk clearance
- FTO analysis focusing on designated patent/patent lists
- FTO-related Solutions – Targeted preparations based on identified risks, including validity/stability analysis, evidence collection and preservation, and formulation of comprehensive defense strategies against potential actions that the opposing party may take
- Overseas Infringement Risk Response – Leveraging extensive international experience and a global network of partner firms to prepare targeted responses to overseas risks and potential actions by competitors, ensuring risk minimization and high-efficiency resolution
Note: Our FTO services cover all patent types, including Inventions, Utility Models, and Industrial Designs. The geographical scope of our FTO analysis includes China and oversea jurisdictions, such as the United States, Europe, Japan, South Korea, Australia, Southeast Asia, and countries along the "Belt and Road" initiative.
- Repreaentative Cases
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- Retained by an acoustic equipment manufacturer, to provide patent evaluation and risk analysis , supporting the successful business negotiationbetween the client and international industry giants
- Retained by an enterprise in the intelligent aircraft sector to conduct FTO analysis
- Retained by an electromechanical equipment company to perform FTO analysis and patent navigation for its products
- Retained by an international optics enterprise to conduct pre-acquisition IP due diligence on a domestic target company
- Retained by a chemical research institute of a large state-owned enterprise (SOE) to provide FTO risk analysis for its products and technologies, ensuring regulatory compliance and screening risks in product launches and technology transfers
- Retained by investment institutions to perform pre-investment IP due diligence and FTO analysis for multiple domestic medical device companies
- Retained by an international medical device corporation to conduct IP due diligence on a target medical device company for a proposed acquisition
- Retained by an international medical device corporation to perform pre-launch FTO risk analysis in China for its medical devices
- Retained by a medical device enterprise to conduct FTO analysis for its surgical robotic systems
- Retained by an international pharmaceutical company to perform pre-market FTO analysis for its new insulin injector series
- Retained by a multinational pharmaceutical company to conduct FTO analysis for a proposed investment in monoclonal antibody (mAb) biosimilar project, providing legal opinions and solutions
- Retained by an investment firm to provide FTO analysis for multiple domestic drug projects (ADC drugs, cell therapies, etc.), along with legal opinions and solutions
- Retained by a leading dairy corporation to provide FTO analysis and legal opinions regarding its dairy product formulations
- Retained by an investment institution to provide FTO risk analysis for small molecule drugs and their production processes prior to investment and listing, including legal opinions and solutions
- Retained by an investment institution to conduct cross-border (China-U.S.) IP due diligence on the core products of a domestic biopharmaceutical company, helping client to avoid potential risks
- Retained by underwriters/sponsors to provide IP due diligence and issue legal opinions for multiple companies during their IPO processes in China, the United States, and Hong Kong
