Due Diligence

Intellectual property plays an integral role in the modern M&A transaction. It is critical to conduct a thorough due diligence study for both sides of the transaction, before the acquisition, whether of the intellectual property itself, rights to a product associated with the intellectual property, or the entity owning the intellectual property.

KramerAmado partners with its clients to conduct due diligence of intellectual property for investigating potential acquisitions as well as preparing intellectual property for monetization. They are there to answer the critical questions necessary to accurately evaluate the transaction.

  • What patents and patent applications are necessary to the transaction?
  • Has the intellectual property been properly assigned and is there clear title?
  • Has an inventor licensed or assigned the technology to another party, possibly in another country?
  • What is the expected life of the intellectual property as compared to the commercial life of the product?
  • Are the granted patents valid?
  • Are the pending applications patentable?
  • What is the scope of the issued patents or prospective applications?
  • Will they exclude other potential competitors? Who are the potential competitors?
  • Have the patents been litigated in the U.S. and/or globally?
  • What are the terms of the agreement with regard to intellectual property rights?
  • If the acquisition is that of a product in addition to or apart from IP, is there freedom to practice that product?
  • Are there dominating patents and if so what is the scope and life of those patents?
  • Are there pending litigations involving similar products or competitors?

By answering these critical questions, KramerAmado assists its clients in maximizing the value of their intellectual property transactions.