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Patent Acquisition and Due Diligence

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No longer an afterthought in corporate transactions, the strength of a company’s IP is a critical factor in determining its value. We give it the attention it requires. 

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Thorough, Efficient, and Timely

In patent acquisitions, licensing deals, corporate mergers, and other transactions, the value of a company’s IP is often of paramount importance. When millions of dollars or even entire businesses are at stake, IP due diligence is essential to determining the full value of the IP involved and whether the transaction will properly serve the parties’ long-term objectives. Comprehensive IP due diligence typically involves several phases of analysis, including:

  • Identifying relevant IP assets
  • Determining ownership and inventorship
  • Reviewing underlying agreements and licenses
  • Assessing current and former litigation risks
  • Evaluating patentability
  • Loss of exclusivity analysis
  • Freedom to operate analysis

Thorough and efficient due diligence executed at the right time is critical for minimizing risk in IP transactions. Fish attorneys have represented companies of all shapes and sizes in a broad range of industries throughout the due diligence process and are experts at building and executing strategies to minimize risks for our clients. Our deep technical skills coupled with our unmatched legal prowess – both in IP prosecution and litigation – make us ideal partners in pursuing our clients’ most important endeavors.

How We Do It

Because every transaction is different, we tailor our approach in every case to address our client’s unique needs and objectives.

Here’s how we’ve done it before:

Finding Hidden Risks

We represented a venture capital firm that was looking to invest in a leading-edge medical device company with ambitious expansion plans. After conducting due diligence on the target company’s patent portfolio, we discovered previously hidden risks that limited the company’s freedom to operate in its field of intended expansion. We then obtained an adjusted deal price that took the issues we found into account.

Obtaining a Fair Price

An investor asked us to review a deal that had been priced almost entirely on the strength of the company’s intellectual property. We conducted due diligence on the target company’s patents and found prior art in Europe that invalidated several of them, thus significantly lowering the value of the investment. Although the investment remained attractive, the target company’s value was just a fraction of what had been assumed. After our due diligence analysis, our corporate lawyers helped to modify the terms of the deal to more accurately reflect the intellectual property’s value.

Saving the Deal

We advised an investor interested in a company in the cryogenic cooling devices field. Our client was eager to invest, but we found numerous warning signs indicating that the company’s technology may have infringed several third-party patents, putting the deal in jeopardy. We then analyzed the patents at issue and discovered a “design-around” solution for the target company’s technology. The deal was saved and the design-around solution dramatically increased the company’s value.

 

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