IP Services

Due Diligence

Creating Value through Strategic IP Analysis

  1. We provide the lens through which you will obtain a clear picture of your potential target’s technology and intellectual property (IP) assets and strategy.

Your target’s IP, and the IP of its competitors, affects its ability to succeed in the marketplace. The target’s IP may be a significant driver of its competitive advantages and value as a company. Importantly, one must also understand how the target’s competitor’s IP can constrains the target’s IP. While a target might have an attractive technology and IP portfolio, the competitive landscape could diminish the value of the target’s business.

Our team of skilled legal professionals, many of whom also have engineering or other advanced technical degrees, is able to quickly evaluate a broad range of complex technologies. At the same time, we apply our broad expertise in IP and commercial law to assess and advise on the potential competitive advantages of a target’s IP portfolio, while identifying valuation risks. We also evaluate and advise on IP litigation risks which could affect your ability to commercialize the target’s technology after acquisition.

Our approach includes:

  • Conducting interviews with you to understand your business objectives, including your expectations of the target’s IP position, and to manage the costs and effort required to make this assessment;
  • Reviewing the target’s IP portfolio (including patents, trademarks, copyrights and trade secrets) to provide a clearer picture of the target’s lP portfolio and strategic position, and to reduce risk by identifying any related pitfalls;
  • Understanding the IP landscape and its nuances to accurately assess the relative significance of the target’s IP, and to identify infringement and other commercial risks;
  • Reviewing commercial agreements between the target and its business partners to identify potential constraints on the target’s ability to transfer its technology and IP portfolio, and for your company to fully exploit it;
  • Interviewing key employees and advisors of the target to understand the historical development and commercialization of the target’s technology and to identify potential IP risks; and drafting and negotiating deal documents relating to the acquisition.

We are pragmatic in our approach, and tailor the scope of each analysis to suit the circumstances of the transaction. While the due diligence process can take from a few hours to a few months, depending on the nature of the transaction and your needs, our experience is that even basic preliminary due diligence yields meaningful information helping to reduce transaction risk and expense.

  1. We are legal experts with a deep understanding of the engineering and science behind technology.

Our team of experts is comprised of over 20 professionals who advise on patent strategy and enforcement. Our team members have backgrounds in engineering and scientific disciplines including:

ln particular, we have significant experience across a broad range of industries, including aerospace, automotive, chemical, energy, information technology, life sciences, software, oil and gas, financial systems, cryptography, manufacturing, natural resources and telecommunications.

We provide full service support to our clients including in the acquisition, protection, enforcement and commercialization of IP rights. This includes assessing IP, creating IP strategies, drafting originating patent and trademark applications, filing and prosecution of patent and trademark applications in Canada and in the United States, managing worldwide patent and trademark portfolios, providing opinions on, IP infringement, validity, and enforcement. We also conduct IP portfolio audits and support commercial transactions by drafting and negotiating various deal agreements (e.g., relating to licensing, joint development, research, manufacturing, supply, and asset purchase).

Let’s talk – see how we can help create value for your company through strategic IP analysis