In M&A transactions, it is critically important to determine which intellectual property rights will automatically transfer with the purchase and whether any remaining IP issues can be cured.
Due diligence investigations into a company’s intellectual property assets typically cover:
Patents | Trademarks | Copyrights | Collaboration agreements | Infringements | Know-how | Licenses
Fox Rothschild’s IP attorneys regularly conduct due diligence investigations. In some deals, we work with Fox’s Corporate Department; on other deals, a Fox IP due diligence team is brought in to work with another firm.
We have earned a reputation for conducting thorough IP due diligence investigations that avoid costly surprises that can doom a deal or lead to drawn out litigation after a deal closes.
Among the issues we explore in our due diligence are:
- Whether the target company actually owns the IP rights it claims
- A freedom-to-operate analysis to determine the existence of any barriers to exploitation, including the possibility of infringing any third-party patents
- Whether prior agreements restrict the use of any IP assets
- The existence of any pending or threatened infringement claims