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Article of related interest

Intellectual Property Due Diligence

Submitted By: David Dawsey | Word Count: 849 | Views: 134

The importance of due diligence in any investment, merger, or acquisition decision cannot be understated. Decisions can no longer be made based solely upon a good business plan. In today's knowledge based economy intellectual property (IP) is often a company's single most valuable asset. However, IP due diligence is typically an afterthought.

The Goals

The goals of IP due diligence should be collaboratively identified by the organization leading the general due diligence investigation and the IP due diligence team. The goals should then be reduced to an IP due diligence plan.

The IP due diligence team should consist of independent IP counsel. The target company's IP counsel should not be used as one can never fully critique their own work, in addition to the potential conflicts of interest.

Several factors must be considered in identifying the goals of the plan. First, the team should discuss the nature of the transaction. IP due diligence goals will differ for investments, mergers, and acquisitions. Secondly, the financial value of the transaction must be considered. There is no use in completing $1 million in due diligence for a $1 million dollar transaction. Third, the risk associated with the transaction must be analyzed. For instance, a $1 million venture capital (VC) investment in a high-tech start-up has a much higher probability of loss than a $100 million merger of established companies. Fourth, the underlying reason for the transaction should be discussed. For example, if a company is acquiring a target company for a particular product line or technology there should be a primary focus on the IP protecting that interest.

The Scope

The scope of IP due diligence investigations is limited by the goals identified above. The scope of IP due diligence should include investigations into the patents, trademarks, copyrights, and trade secrets of the target company to identify weaknesses, potential liabilities, and potential opportunities.

There are some general considerations applicable to all forms of IP. For instance, all of the target company's current IP should be identified and cataloged, including current patent and trademark applications. This process should identify the dates of application, issuance, expiration, required maintenance payments, and whether foreign IP protection has been obtained. Additionally, the true ownership of each piece of intellectual property must be identified. This is particularly true for IP that has been licensed or assigned to the target company. Ownership verification requires meticulously analyzing assignments and licensing agreements, as well as cross-referencing the Patent & Trademark Office files. A golden rule of IP due diligence is to independently verify everything!

There are several aspects of IP due diligence that are unique to situations wherein the target company possesses a patent portfolio. A complete investigation into a company's patent portfolio can be expensive, yet the cost is typically a drop in the bucket when compared to the cost of litigating a patent infringement claim. Carefully identifying the goals of the IP due diligence investigation will often eliminate the need to completely analyze over half of a company's patents. After all, there is no need to perform due diligence on outdated IP that the company no longer uses. Alternatively, IP that is essential to a company's operations should be afforded additional scrutiny.

An IP due diligence plan should include an infringement analysis of the company's key IP assets. Key patents should be analyzed first to determine if they sufficiently cover the product line of interest. It is not uncommon to find that a company's patent portfolio does not adequately protect their main product lines.

The analysis should then turn to competitor's products. It is essential to identify potential infringement lawsuits during the due diligence investigation. One must determine both whether competing products infringe the target company's patents and if the target company's products infringe patents owned by third parties. During this investigation the IP due diligence team can also identify whether the target company's patents are very broad and strong or narrow and weak. The strength of patents has a direct relationship to their value.

A target company may be willing to contribute to the cost of the infringement analysis portion of the IP due diligence. This is because a non-infringement opinion from counsel can protect a company from claims of willful patent infringement. When a company relies in good faith on a competent opinion of an attorney that the company's product does not infringe a third party's patent, the company will not be held to be a willful infringer. This is important because actual damages can be increased threefold in cases of willful infringement.

Comprehensive due diligence investigations into trademark, copyright, and trade secret matters are not nearly as involved as patent investigations. However, when mergers or acquisitions involve ownership transfer of valuable trademarks it is imperative to investigate the validity, ownership, and potential infringement claims of the mark.

Conclusion

IP due diligence is necessary to avoid costly mistakes and properly determine the value of business transactions involving IP. This is true for both traditional brick and mortar companies and high tech companies. The specialized nature of IP due diligence requires that an IP attorney be retained to properly perform the investigations.

Published At: Isnare Free Articles Directory
Permanent Link:
http://www.isnare.com/?aid=97282&ca=Business+Management





i'm currently doing multiple TESTING using lots of variations to determine solutions to fix spammers, scams, cheats, annoyances, and many other hindrances which waste the time & resources of real people & top notch services.     (( recent link trade >> Future76 ))

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MosT Recent =

"  everyone has ideas. some ideas are simply much more valuable than others. lets discover or develop more opptions to resolve intellectual property theft and opptions other than a threats.

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iTs AbouT getting the sale, or getting MoRe SaLeS !

Saturday, March 22, 2008

[87hotrod] Digest Number 34914

business associates and friends exchange ideas and information

Messages In This Digest (25 Messages)

1a.
12,000 Affiliates Are Getting Their Debts ELIMINATED With This Plan. From: 87hotrod@yahoogroups.com
2a.
12,000 Affiliates Are Getting Their Debts ELIMINATED With This Plan. From: 87hotrod@yahoogroups.com
3a.
12,000 Affiliates Are Getting Their Debts ELIMINATED With This Plan. From: 87hotrod@yahoogroups.com
4.
Genuine Lifetime Income!!  , 3/22/2008, 10:00 am From: 87hotrod@yahoogroups.com
5a.
Moms Work At Home From: Heather Turnbow
6a.
Make $1000 a day and Receive Free Ad-blasters! From: Annegrete Krings
7.
Earn up to $20.00+ per hour - Working On Line. From: AtHomeJob
8a.
How Will You Afford To RETIRE With All Those Debts...Let Us Pay Them From: Curtis Frierson
9a.
Dont Pass Up This FREE Opportunity! From: Amanda Romine
10a.
Mom's and Dad's...... From: Michelle's Advertising Service
11.1.
Need To Raise Funds For a Project! From: Einar Amundsen
12a.
Powerful SEO Studio Guaranteed Top 10 Ranking! From: sam srey
13.1.
Looking for Love? From: Tim Jones
14.1.
Earn $150/day within 30 days GUARANTEED!! From: Alan Walker
15.1.
Wanted: 6 Millionaire Apprentices From: Gary Foxcroft
16.
Nudist Pics and Videos, Nude Girls, Naturist Groups From: jaffer.lina
17.1.
Send your Ad to 1,520,811 Eager Double Optin buyers! From: Michael Likens
18.
10,000 Fresh Double Opt-in Leads Every Month...100% FREE From: Allan Babby
19.
Genuine Lifetime Income!!  , 3/22/2008, 11:00 am From: 87hotrod@yahoogroups.com
20a.
Why are we the #1 program? From: Rick Martin
21.1.
Would you like to feel MORE ENERGY and LESS STRESS within MINUTES to From: Daryl Subakti
22.
Need a quick $100 today? From: Cortney Foster
23a.
Are You The One That We Looking For?, 3/22/2008, 2:00 pm From: 87hotrod@yahoogroups.com
24.
World fastest and most reliable search engine From: globalwide06
25.1.
Put Your Business in THE GEM SPOTLIGHT for FREE!!! From: 41 Marketing

Messages

1a.

12,000 Affiliates Are Getting Their Debts ELIMINATED With This Plan.

Posted by: "87hotrod@yahoogroups.com" 87hotrod@yahoogroups.com

Sat Mar 22, 2008 6:41 am (PDT)

Reminder from: 87hotrod Yahoo! Group
http://groups.yahoo.com/group/87hotrod/cal

12,000 Affiliates Are Getting Their Debts ELIMINATED With This Plan...Join Us!
Saturday March 22, 2008
10:00 am - 11:00 am
(This event repeats every day.)
Location: http://www.we-pay-your-debts.biz/mar08

All Rights Reserved
Copyright © 2008
Yahoo! Inc.
http://www.yahoo.com

Privacy Policy:
http://privacy.yahoo.com/privacy/us

Terms of Service:
http://docs.yahoo.com/info/terms/
2a.

12,000 Affiliates Are Getting Their Debts ELIMINATED With This Plan.

Posted by: "87hotrod@yahoogroups.com" 87hotrod@yahoogroups.com

Sat Mar 22, 2008 6:41 am (PDT)

Reminder from: 87hotrod Yahoo! Group
http://groups.yahoo.com/group/87hotrod/cal

12,000 Affiliates Are Getting Their Debts ELIMINATED With This Plan...Join Us!
Saturday March 22, 2008
10:00 am - 11:00 am
(This event repeats every day.)
Location: http://www.we-pay-your-debts.biz/mar08

All Rights Reserved
Copyright © 2008
Yahoo! Inc.
http://www.yahoo.com

Privacy Policy:
http://privacy.yahoo.com/privacy/us

Terms of Service:
http://docs.yahoo.com/info/terms/
3a.

12,000 Affiliates Are Getting Their Debts ELIMINATED With This Plan.

Posted by: "87hotrod@yahoogroups.com" 87hotrod@yahoogroups.com

Sat Mar 22, 2008 6:41 am (PDT)

Reminder from: 87hotrod Yahoo! Group
http://groups.yahoo.com/group/87hotrod/cal

12,000 Affiliates Are Getting Their Debts ELIMINATED With This Plan...Join Us!
Saturday March 22, 2008
10:00 am - 11:00 am
(This event repeats every day.)
Location: http://www.we-pay-your-debts.biz/mar08

All Rights Reserved
Copyright © 2008
Yahoo! Inc.
http://www.yahoo.com

Privacy Policy:
http://privacy.yahoo.com/privacy/us

Terms of Service:
http://docs.yahoo.com/info/terms/
4.

Genuine Lifetime Income!!  , 3/22/2008, 10:00 am

Posted by: "87hotrod@yahoogroups.com" 87hotrod@yahoogroups.com

Sat Mar 22, 2008 6:41 am (PDT)

Reminder from: 87hotrod Yahoo! Group
http://groups.yahoo.com/group/87hotrod/cal

Genuine Lifetime Income!!
Saturday March 22, 2008
10:00 am - 11:00 am
(This event repeats every day.)

Notes:
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Check Your Mail ID - Inbox Immediately after logging in

Note : If u want to make genuine and handsome Income, please login immediately otherwise please ignore.

Notice; u r receiving this message because u r the member of yahoo groups

Thank You

All Rights Reserved
Copyright © 2008
Yahoo! Inc.
http://www.yahoo.com

Privacy Policy:
http://privacy.yahoo.com/privacy/us

Terms of Service:
http://docs.yahoo.com/info/terms/
5a.

Moms Work At Home

Posted by: "Heather Turnbow" millionairemommy@gmail.com   millionairefromhome

Sat Mar 22, 2008 6:46 am (PDT)


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6a.

Make $1000 a day and Receive Free Ad-blasters!

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Sat Mar 22, 2008 6:49 am (PDT)


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7.

Earn up to $20.00+ per hour - Working On Line.

Posted by: "AtHomeJob" afsreturn8@yahoo.com   afsreturn8

Sat Mar 22, 2008 6:55 am (PDT)

Earn up to $20.00+ per hour - Working On Line.No Personal selling, or
contact required.Easy, flexible work available to you.
http://tinyurl.com/25t478

8a.

How Will You Afford To RETIRE With All Those Debts...Let Us Pay Them

Posted by: "Curtis Frierson" therocgroup4@yahoo.com   therocgroup4

Sat Mar 22, 2008 6:55 am (PDT)


www.we-pay-your-debts.biz

9a.

Dont Pass Up This FREE Opportunity!

Posted by: "Amanda Romine" amadarr1@yahoo.com   amadarr1

Sat Mar 22, 2008 6:59 am (PDT)


Come post your business opportunity at this website and get some FREE Business Exposure! Takes a second! Post Today!

http://www.dmsignup.com

10a.

Mom's and Dad's......

Posted by: "Michelle's Advertising Service" michellesadbusiness@michellesadvertisingservice   adservice1009

Sat Mar 22, 2008 7:06 am (PDT)


Mom's and Dad's......

Advertise your business for a life time!!! Chelle's Corner offers newsletter advertising, banner advertising and so much more!
Stop in today at: http://www.chellescorner.biz and get your business noticed today!
11.1.

Need To Raise Funds For a Project!

Posted by: "Einar Amundsen" amunds@inbox.com   to_amunds

Sat Mar 22, 2008 7:11 am (PDT)


Fundraiser 1.0 is a program that many For-Profit and Non-Profit business, entrepreneurs, and income seekers are using to raise funding online for various projects.

You could raise up to $11 Million in funding online with no loans, no banks, and no
commitments. Learn how!
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12a.

Powerful SEO Studio Guaranteed Top 10 Ranking!

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Sat Mar 22, 2008 7:11 am (PDT)



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13.1.

Looking for Love?

Posted by: "Tim Jones" newsfromtheweb@yahoo.com   newsfromtheweb

Sat Mar 22, 2008 7:19 am (PDT)


http://www.ladiesinthailand.com

Subscribe for FREE now!
Site launches in January 2008

14.1.

Earn $150/day within 30 days GUARANTEED!!

Posted by: "Alan Walker" skyblue4@blueyonder.co.uk

Sat Mar 22, 2008 7:20 am (PDT)


Guaranteed to earn $150/day!!

Yea, that headline sure got my attention. I had to look into this
"too good to be true" opportunity. I had been looking for a good
work-at-home business for quite a while.

Their guarantee says that if you are not earning $150/day within
30 days, the Company will pay you $150/day untill you do!
Not too shabby! We will personally assist you to be able to-earn
at least $150 per day within 30 days.You will get your very own
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will be available to you for support and assistance.
But, (isn't there always that but?), you have to follow their
instructions and put in 2-5 hours a week to make it work.
Well how difficult is that? Its not going be that hard.

You make money by following their instructions and getting people to come
to your domain. For this the Company will pay you for any individual
that signs up. The two things that should convince you to sign up is that
the Company will supply all the tools needed and set-up your website,
and their amazing guarentee that if you are not earning $150 per day
within 30 days they will pay you this untill you are!

I decided to sign up for a number of reasons:

1) I have been looking for a good home business.
2) I always wanted my very own domain.
3) The opportunity was professionally presented by the Company.
4) They were "paying me" to try it!
5) They had a dynamite guarantee!

Well, let me jump to the good part now.Using their tools and
instructional videos! I followed their instructions and after
only 6 days I had earned $376! And the amount is increasing
each day as I get more comfortable with their instructions.

I had never made this much money so quickly on the internet
until this program.

Based on the above, I highly recommend this program to anyone
looking for a good, easy, work-at-home business.

The worst you could do is "get paid" to try it!

Best regards, Alan Walker.

http://www.walkersbiz.com

15.1.

Wanted: 6 Millionaire Apprentices

Posted by: "Gary Foxcroft" gastfo@yahoo.com

Sat Mar 22, 2008 7:36 am (PDT)


15 Year Old Private Members Club has Created
Millionaires……....... Now it's YOUR Turn

Dear Friend,
If I told you that you could make $1,000,000 within the next 18 months, starting from scratch, you probably wouldnt believe me. Yet many have done it AND gone on to become Multi-Millionaires.

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This is a club for entrepreneurs…those are the people who are open-minded and ambitious and truly believe that real wealth is within their reach. Those are the people who recognise an opportunity when they see it and are able to make decisions based on their own opinions.

So if you're ready to find out more, please visit http://www.150kincome.co.uk

Read through the web page and register your interest by filling in the form on the site and then watch the Big Swindle video – mind blowing stuff.

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Skype: garyuk73
gary@150kincome.co.uk
Splash-Page http://www.150kincome.co.uk
UK 44 (0) 161 408 3373
US (310) 929 7307

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We show You the REAL Secrets of the Wealthy
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The ultimate ignorance is the rejection of something you know
nothing about and refuse to investigate
- Dr. Wayne Dyer

16.

Nudist Pics and Videos, Nude Girls, Naturist Groups

Posted by: "jaffer.lina" jaffer.lina@yahoo.com   jaffer.lina

Sat Mar 22, 2008 7:36 am (PDT)

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17.1.

Send your Ad to 1,520,811 Eager Double Optin buyers!

Posted by: "Michael Likens" mke4971@gmail.com   likensmike

Sat Mar 22, 2008 7:39 am (PDT)


Send your Ad to 1,520,811 double optin
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Mike, admin

18.

10,000 Fresh Double Opt-in Leads Every Month...100% FREE

Posted by: "Allan Babby" perpetualmm@yahoo.com   perpetualmm

Sat Mar 22, 2008 7:40 am (PDT)


10,000 Fresh Double Opt-in Leads Every Month...100% FREE

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19.

Genuine Lifetime Income!!  , 3/22/2008, 11:00 am

Posted by: "87hotrod@yahoogroups.com" 87hotrod@yahoogroups.com

Sat Mar 22, 2008 7:42 am (PDT)

Reminder from: 87hotrod Yahoo! Group
http://groups.yahoo.com/group/87hotrod/cal

Genuine Lifetime Income!!
Saturday March 22, 2008
11:00 am - 12:00 pm
(This event repeats every day.)

Notes:
Genuine Lifetime Income!!
http://www.moreinfo247.com/9674877/CB
Earn!! 5000 US Dollars per month without Investment

By working only one hour per day from the cyber cafe or PC

Guaranteed Earnings for Lifetime!!

100% Legal
100% No Investment
100% No Scam
100% Free Training Support
100% No Door to Door Selling Products

For more details visit :
http://www.moreinfo247.com/9674877/CB
Check Your Mail ID - Inbox Immediately after logging in

Note : If u want to make genuine and handsome Income, please login immediately otherwise please ignore.

Notice; u r receiving this message because u r the member of yahoo groups

Thank You

All Rights Reserved
Copyright © 2008
Yahoo! Inc.
http://www.yahoo.com

Privacy Policy:
http://privacy.yahoo.com/privacy/us

Terms of Service:
http://docs.yahoo.com/info/terms/
20a.

Why are we the #1 program?

Posted by: "Rick Martin" rick@bigrichmarketing.com   mtnman1320

Sat Mar 22, 2008 7:46 am (PDT)


Could be the training seven days a week at different times. Could be the live support 5 days a week. Could be the owners willingness to talk to you personally and close your sales...
Check it out for yourself

http://Mtnman.getthisoffer.com

21.1.

Would you like to feel MORE ENERGY and LESS STRESS within MINUTES to

Posted by: "Daryl Subakti" adfstar4@yahoo.com   adfstar4

Sat Mar 22, 2008 7:50 am (PDT)


If your answer is yes to feeling more energy and less stress within minutes to days, then the answer is VIBE.

VIBE is the worlds most bio-available and absorbable vitamin and mineral supplement in the world today -- independently tested to have a 99.9% absorption into your cells within 60 seconds. It is a synergistic blend of ALL the essential vitamins, minerals, phytonutrients, and antioxidants that the body needs--but what makes the difference is Enivas proprietary delivery system allowing for rapid absorption!

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Phone: (626) 242-0586
Email me ONLY at: daryl.freedom@gmail.com
Phone 8min. Rec. Version of Above: (800) 798-6944
Another great call: (620) 294-2704, option #2
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22.

Need a quick $100 today?

Posted by: "Cortney Foster" cfatt2@gmail.com

Sat Mar 22, 2008 7:51 am (PDT)


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23a.

Are You The One That We Looking For?, 3/22/2008, 2:00 pm

Posted by: "87hotrod@yahoogroups.com" 87hotrod@yahoogroups.com

Sat Mar 22, 2008 7:56 am (PDT)

Reminder from: 87hotrod Yahoo! Group
http://groups.yahoo.com/group/87hotrod/cal

Are You The One That We Looking For?
Saturday March 22, 2008
2:00 pm - 3:00 pm
(This event repeats every day.)

Notes:
We are the one of the most committed and experienced teams available in the industry today, a dynamic team made up of top-notch Systems Consultants, Information Technologists and Financial Wizards.

We have also set up an independent marketing team which will be spearheaded by our network marketing consultants, international ambassadors and top financial consultants.

Lives by our motto, "Empowering people to achieve their personal best".

Aspires to be a Center of Enlightenment for people from all walks of life.

Aspires to be the biggest Global Business Enterprise, promoting e-commerce opportunities in a world that has become borderless due to the Internet and state-of-the-art ICT tools.

Visit now and experience the greatest tools ever build

http://primebusiness.ui2u.com/

All Rights Reserved
Copyright © 2008
Yahoo! Inc.
http://www.yahoo.com

Privacy Policy:
http://privacy.yahoo.com/privacy/us

Terms of Service:
http://docs.yahoo.com/info/terms/
24.

World fastest and most reliable search engine

Posted by: "globalwide06" globalwide06@yahoo.com   globalwide06

Sat Mar 22, 2008 8:09 am (PDT)


World fastest search
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Get the best result out of it…..

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<http://www.world-fastest-search.we.bs/>

It really helps me….
Try it and see the result.....one of the best search engines in
the world....its really fast
25.1.

Put Your Business in THE GEM SPOTLIGHT for FREE!!!

Posted by: "41 Marketing" megaads@41marketing.com   megaads03

Sat Mar 22, 2008 8:31 am (PDT)

Join the Global Business Alliance Network and get your business
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iS iT WiN-abled ? so, everyone (minus cheaters & abusers) has equal opptions for reasonable revenue ?

:)