Pure IP due diligence: This due diligence includes ascertaining the scope of coverage of the target’s patents, the validity and enforceability of such patents, identifying key competitors and their key patents, examination of existing license agreements and disputes, identifying government rights, status of trademark use and enforcement, cataloging existing know-how among key employees and much more.
Typical issues we see include: IP not assigned by founders or contractors; unlimited indemnity, narrower scope of protection than advertised or cover only discontinued products; already licensed to competitors of acquirer.
IP and related due diligence: In addition to the IP due diligence, we can review IP related agreements to identify indemnity obligations, which contracts are terminable upon acquisition, etc. We’ve integrated our skilled corporate attorneys with our renowned intellectual property attorneys to provide a unique and valuable service not readily found in the market. This can provide efficiencies in the review.
Complete due diligence: With our skilled corporate attorneys, we can do any other aspect of the due diligence for the project as well. We’ve integrated our skilled corporate attorneys with our renowned intellectual property attorneys to provide a unique and valuable service not readily found in the market.
Assistance we provide includes:
- Identifying the structure of the proposed transaction
- Reviewing the extent of the exclusivity of the intellectual property assets in the marketplace
- Isolating potential exposure to liability
- Advising on licensing options
- Counseling on tax implications
This due diligence includes ascertaining the scope of coverage of the target’s patents, the validity and enforceability of such patents, identifying key competitors and their key patents, examination of existing license agreements and disputes, identifying government rights, status of trademark use and enforcement, cataloging existing know-how among key employees and much more.