Due diligence is an essential aspect of any investment, merger, or acquisition. When intellectual property issues are involved and, in particular, when they are driving the transaction, clients or their corporate counsel count on us to identify and evaluate the strength of the patents and trademarks to be acquired, so that clients understand their value as well as appreciate opportunities and risks.
We work with our client and/or their corporate counsel to establish specific goals for each due diligence investigation, eliminating outdated IP assets while focusing greater attention on identifying and evaluating those IP assets essential to the client's operations. Our deep bench allows us to cost-effectively ensure and give the client confidence, for example, that the crown jewels of the seller's IP assets, corresponding to the business unit being purchased, are being transferred to the client and not hidden within the seller's other corporate entities or owned by seller's representatives having no duty to assign IP assets to the seller. We gather and synthesize asset information quickly so as to alert the client and corporate counsel of the risks of assets escaping transfer for the negotiated purchase price, and of the need to take appropriate action should the client require the hidden or overlooked IP assets.