When our clients are involved in business transactions that implicate IP, we provide detailed IP diligence tailored to best match the type and scale of the project at issue. From evaluating IP ownership and status, to conducting deeper assessments of the scope and validity of IP relative to a company’s products and business plans, we work directly with our clients or hand-in-hand with their corporate counsel to provide information key to valuing the deal, including addressing the IP portions of the agreements.
Where infringement issues come into play, our attorneys draw on their extensive IP litigation and prosecution experience, as well as industry knowledge, to provide realistic infringement risk assessments with respect to key company products and product lines, evaluate how a target company’s IP portfolio compares to those of its competitors, and address other IP questions that may impact the transaction.
We also frequently advise clients on ways to ensure that generated IP is captured and protected. During an IP due diligence examination, we can apply this knowledge to evaluate a company’s internal protocols to confirm that best-practices are being followed, and to identify areas where improvement may be needed.
IP due diligence may be needed in many situations, including:
- Purchase or sale of a company or its IP assets;
- Corporate investments in IP or companies holding IP;
- Preparation of IP portions of company prospectus materials;
- IP monetization and licensing consideration;
- Internal ‘IP best-practice’ audits.
Our diligence services include:
- IP portfolio audits to address issues such as ownership, status and general scope;
- IP infringement studies;
- IP validity analysis;
- Product clearances;
- Domain name clearance and acquisitions;
- Review of IP licenses/agreements to ensure license obligations have been met;
- Negotiating (and renegotiating) IP licenses;
- Drafting IP portions of corporate transaction documents, including IP representations and warrantees, as well as indemnification clauses;
- Reviewing IP and brand protection policies and procedures to determine if they are adequate and advising on where they can be improved.