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Key Takeaways A non-infringement opinion is a written legal analysis from a patent attorney concluding whether a specific product does or does not infringe a specific patent. It comes up in two scenarios: defensively, after receiving a cease-and-desist letter, or offensively, when a patent holder wants to confirm a case exists before asserting its patent against a competitor. It differs from a freedom-to-operate search in timing: an FTO search is preventive and happens during