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 and licenses.

Fox Rothschild’s IP attorneys regularly conduct thorough IP due diligence investigations to avoid costly surprises that can doom a deal or lead to drawn out litigation after one 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