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