IP Due Diligence

From entrepreneurs and start-up companies to Fortune 50™ corporations, Munck Carter is focused on serving technology companies and other businesses driven by innovation. We have experience in a broad range of practice areas. In each of them, our goal is the same — to help our clients grow and succeed, seizing new opportunities and avoiding potential pitfalls along the way.

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IP Due Diligence

As a technology-focused law firm with significant capabilities in patent prosecution (our firm includes 16 registered patent attorneys) and other intellectual property (IP) disciplines, as well as in corporate and litigation matters, Munck Carter is uniquely positioned to evaluate IP portfolios for clients involved in financing, merger and acquisition or licensing transactions, or for IP litigation purposes.

Companies contemplating commercial transactions need to have a thorough understanding of the value and risks associated with the transfer of intangible assets as part of a deal. For companies involved in or considering IP litigation, evaluation of the relevant IP rights also is critical. Our due diligence services involve a thorough investigation and examination of the IP assets at issue -- from patents, trademarks and copyrights to trade secrets and know-how -- in an effort to determine such things as the breadth of IP protection, the validity of ownership or license rights, the quality, nature and value of the assets themselves, and what limitations or risks are attached to them. Based on this due diligence, we can help structure transactions to appropriately address material intellectual property matters.

In an acquisition, for instance, IP due diligence can enable a buyer to make an appropriate offer, negotiate a lower price, or cancel an undesirable deal before it’s too late. A seller can determine whether it can deliver all of the rights the buyer wants to purchase, remedy chain of title issues, strengthen its IP portfolio if necessary, obtain necessary assignments, licenses or transition agreements, and appropriately tailor its representations, warranties and indemnification obligations in the purchase agreement. At a more strategic level, our IP due diligence can help our clients understand how the applicable IP assets relate to the client’s business objectives, the strength of the portfolio, and the IP positions of competitors.

In the IP due diligence arena, Munck Carter clients rely on our knowledge and experience to help them make informed decisions, optimize deal outcomes, and minimize risk. In addition to performing IP due diligence services for our own clients, we routinely collaborate with large, top-tier law firms and conduct due diligence or provide other technology assistance in transactions that are principally being handled by such firms. Our ability to work with the world’s most prominent businesses and law firms as both a peer and a pinch hitter makes Munck Carter a valuable partner in high-tech matters.

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