What is a validity and enforceability opinion?

Answer

A validity and enforceability opinion is a legal opinion concerning the validity and enforceability of an issued patent.  The analysis includes assessing the prior art, the circumstances surrounding the prosecution of the patent application and other relevant matters.  A validity and enforceability opinion can provide an assessment of how strong an issued patent is.  All issued patents are presumed to be valid, so it is a significant evidentiary burden to demonstrate that a patent is invalid and unenforceable.