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ARTICLE · 03 DECEMBER 2004

Patent Issues Relating to Acquisitions: Conducting Intellectual Property Due Diligence

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Thorough and comprehensive Intellectual Property (IP) due diligence requires much more than compiling a listing of the company's IP assets. Rather, IP due diligence requires assessing the strength of the company's IP rights in the marketplace, the strength of the competitors.

United StatesStrategy
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Article by Pavan K. Agarwal Partner and Leader, Electronics Practice Group and
Steve Maebius1 Partner and Leader, Nanotechnology Industry Team.

Introduction

Thorough and comprehensive Intellectual Property (IP) due diligence requires much more than compiling a listing of the company's IP assets. Rather, IP due diligence requires assessing the strength of the company's IP rights in the marketplace, the strength of the competitors' rights in the marketplace, and the effect of the IP on the base company's products and other IP rights.

Often times, business realities are such that the business transaction is ready to take place and the due diligence must be done quickly in very short order. The IP due diligence team needs to be experienced and focused; otherwise, critical issues will be missed that affect the bottom line. Prioritization of key areas of inquiry based on business objectives of the deal is critical to success.

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