Due Diligence

What you need to know

For many companies, the value of their business is intrinsically linked to both the quality and the quantity of their intellectual property and how well it’s protected.  Due diligence can be very useful to either value your business when you are raising investment or selling all or part of your business.  It is also an essential part of investing into or buying all or part of a business.

Equally, due diligence can involve investigating the existence and status of other parties’ intellectual property rights and an assessment of how these rights could affect your proposed activities.

A due diligence exercise prior to sale or acquisition of a business will result in a better understanding of the value of the intellectual property that the business holds.  Due diligence will focus on a range of issues including identifying intellectual property rights that exist and their status, looking at the validity of the intellectual property, ownership issues, enforceability issues, the scope of the intellectual property and any subsequent infringement issues.

Conducting a due diligence exercise on your patent portfolio will also give you useful information about which aspects of your intellectual property are not fully utilised and whether you are therefore paying unnecessary maintenance costs or whether more can be done in terms of greater levels of protection or to benefit from further commercial exploitation.

How we can help

Our attorneys and litigators are experienced in all aspects of intellectual property due diligence.

Our expertise covers both the purchase and sale of companies and/or intellectual property assets.  We also provide advice to investors interested in intellectual property focused investments.

We help companies prepare for acquisitions, transactions, and investments, and ensure that the information received by all parties is clear and precise.  We can identify intellectual property rights and establish their status, advise on validity, infringement, ownership, and all intellectual property related issues.

Our due diligence expertise also involves dealing with freedom-to-operate issues.  Our attorneys frequently handle product clearance investigations ensuring that a company is free to market and sell a new or improved product without fear of infringing other parties’ intellectual property.

Our work involves whole patent/trade mark portfolios or single intellectual property assets.  We are experienced, flexible, and know what questions need to be asked in order to provide reliable, clear due diligence advice to our clients.