Intellectual property (IP) due diligence investigations are generally conducted in conjunction with an investment or acquisition.  Depending on the nature of the transaction at hand, CKPT attorneys initially collaborate with the interested third party to develop a customized IP due diligence plan for our client that is consistent with the nature of the investigation.

CKPT attorneys can tailor our clients’ IP due diligence investigations depending on whether they are associated with, for example:
• Mergers and acquisition deals;
• Intellectual property (IP) licensing/cross-licensing agreements;
• IP portfolio management/audits;
• Business/IP valuation;
• Corporate financing/funding programs;
• Franchising;
• Ownership and assignment issues;
• In-house IP policy reviews;
• Executive compensation policies;
• Compliance policies;
• Research and development agreements;
• Independent contractor agreements;
• Joint-venture agreements;
• SEC reporting;
• Investment groups/forums; and
• IP litigation.

A typical IP due diligence plan may include an assessment of the copyrights, patents, trademarks, and trade secrets of the target company and an independent investigation of each property’s potential liabilities, potential weaknesses and strengths, logistical information (filing dates, expiration dates, maintenance fees, assignment records, etc.), prosecution history and related prior art, ownership information, and inventorship. 

Other IP due diligence plans could include comprehensive reviews of related licensing agreements, security interests, liens, current and prior lawsuits, settlement agreements, bankruptcy filings and covenants not to compete.  CKPT attorneys are also experienced in conducting an infringement analysis of the target company’s key IP assets, competitor products, competitor IP portfolios, and/or potential infringement suits. 

The cost and scope for such investigations generally vary depending on the nature of the transaction involved.  As a service to our clients, CKPT attorneys typically attempt to negotiate a cost-sharing agreement between the two interested parties to lessen the burden.

For more information on CKPT’s due diligence and other related services, click any any of the links on the left.