Transactions involving the merger of businesses or acquisition of assets often include one or more intellectual property (“IP”) types along with the associated rights and potential liabilities. Recognizing the need to properly identify and verify those assets prior to any transaction is essential. We assemble a team to address each need, including attorneys from our Intellectual Property Practice Group and Corporate and Business Transactions Practice Group.
Our team works with the counsel overseeing the transaction to ensure all IP, including patents, trademarks, trade secrets, copyrights, and associated agreements, are properly documented and scheduled. We conduct thorough research to establish a clear chain of title and identify any necessary corrective actions, verify the maintenance of IP rights. Likewise, we can review the maintenance of those IP rights and review how the IP is presently being utilized and licensed.
We perform due diligence reviews of the intellectual property, assist in determination of value, and identify potential pitfalls or risks. We provide guidance on the best strategies to protect and transfer the IP, before any contract terms are established or finalized.
These steps can be of benefit in selecting the best structure for the transaction, in crafting the associated documents, and in identifying encumbrances on the IP, such as licenses and compliance issues.
Areas of Focus
- AI Protection
- Appeal of Judgments Regarding Intellectual Property
- Copyright Litigation
- Cybersquatting Litigation
- False Advertising Litigation
- Foreign Patent Prosecution
- Foreign Trademark Prosecution
- Intellectual Property Assets in Family Hands
- Intellectual Property in Corporate Agreements
- Intellectual Property in Mergers & Acquisitions
- Intellectual Property Ownership from Employees & Independent Contractors
- Litigation With Intellectual Property
- Patent Administrative Challenges
- Patent Litigation
- State Trademark Prosecution
- Trade Secret Litigation
- Trade Secret Protection
- Trademark Administrative Challenges
- Trademark Litigation
- U.S. Copyright Protection
- U.S. Patent Prosecution
- U.S. Trademark Prosecution
