Sponsored by ClearstoneIP
Webinar: The FTO Paradox – Conducting Thorough Patent Diligence While Protecting Privilege and Avoiding Willfulness
Patent clearance has become a high-stakes balancing act. Companies need to conduct thorough freedom-to-operate (FTO) investigations to manage risk, yet that very diligence required can expose them to claims of willful infringement and treble damages if not properly structured and protected. So, how can and should companies undertake responsible patent diligence for better business decisions, minimization of liability, and while still maintaining privilege?
Join us on Tuesday, January 27, 2026, at 12 PM ET, for this essential discussion on how leading organizations are navigating the FTO paradox. Our panel brings together diverse perspectives on managing FTO strategy, outside counsel advising on patent risk, and technology innovators who’ve reimagined the FTO process itself.
We will explore:
- How Halo v. Pulse Electronics changed the rules of engagement for patent diligence
- Why common post-Halo approaches (the “ostrich” and “delete everything” strategies) create more problems than they solve
- How to structure FTO investigations to maintain attorney-client privilege and work product protection
- Technology workflows that enable responsible diligence while minimizing discoverability risk
- Real-world lessons from the litigation trenches on what holds up under scrutiny
Whether you are conducting FTO reviews in-house, advising clients on patent clearance strategy, or simply trying to build products without building legal exposure, this webinar will provide actionable insights on conducting patent diligence safely and strategically.