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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
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Messages In This Digest (25 Messages)

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1a.: __ E.arn 5K Per Day! InCrease In.come 500%

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Thu Mar 13, 2008 9:00 am (PDT)

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3a.: How I Made Up To $11,212.00 A Month On eBay!

Posted by: "seze_elif" cucubeda@yahoo.com cucubeda

Thu Mar 13, 2008 9:11 am (PDT)

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4a.: Healthy Coffee Will Lead to C ash In Your Pocket...

Posted by: "javagood4u" javagood4u@yahoo.com javagood4u

Thu Mar 13, 2008 9:12 am (PDT)

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4b.: Healthy Coffee Will Lead to C ash In Your Pocket...

Posted by: "javagood4u" javagood4u@yahoo.com javagood4u

Thu Mar 13, 2008 9:39 am (PDT)

What if you could make a penny on the 500 million cups of coffee drank
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* get hot chocolate, tea, and more that is healthy?
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Thu Mar 13, 2008 9:12 am (PDT)

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5.2.: Ad Sale!

Posted by: "Michelle's Advertising Service" adservice1008@yahoo.com adservice1008

Thu Mar 13, 2008 9:20 am (PDT)

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6.1.: Make $31,000 (Sometimes More) Per Month!

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7a.: Blast your ad once per day to over 3.1 million targeted prospects

Posted by: "Alexander" gionalianagio@yahoo.com gionalianagio

Thu Mar 13, 2008 9:18 am (PDT)

Blast your ad once per day to over 3.1 million targeted prospects

A Simple and Effective Way To Deliver Your Email Campaign To Over 96 Million Recipients Per Month. That's Over 3.1 Million Targeted Recipients Daily.

100% SPAM free

Deliver Your Email Campaign To Over 96 Million Recipients

Safe Mail Services is the leader in email marketing for small businesses. Our web based server allows members to blast over 3 Million emails per day. All recipients are double opt-in making us 100% SPAM law compliant. Our recipient database is filled with prospects who have asked to be included in our safe-list, so you know your ad will reach real customers.

http://tinyurl.com/2vn2zr

==========================
Blast your ads to 2,300,000 opportunity seekers only $5.95 or less!
http://groups.yahoo.com/group/aa_ic/message/77145

-------------------------
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http://groups.msn.com/Postadshere
http://groups.msn.com/AdvertisingHere
http://groups.msn.com/MarketingSolution

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8.1.: www.internetloanplace.com Home / Business Loans ( 70 ) Fin. Tools!

Posted by: "meyersjohn32" meyersjohn32@yahoo.com meyersjohn32

Thu Mar 13, 2008 9:29 am (PDT)

Loans For All Reasons in All Regions!

http://www.internetloanplace.com

Over ( 70 ) Finance and RE Spreadsheet Tools To Download for FREE!

http://www.internetloanplace.com/calculators2.htm

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Messages in this topic (338)

9a.: Your best source of FREE, Targeted Traffic and Customers!

Posted by: "seze_elif" cucubeda@yahoo.com cucubeda

Thu Mar 13, 2008 9:34 am (PDT)

Creates Instant Avalanche of FREE Website Traffic
(...and NO, it doesn't involve Pay-Per-Click, Spam, FFA links,
Banners, "Safe Lists", complicated search engine tactics,
Classified Ads, or any other crazy traffic scheme!)
http://clickst.EZARTICLES.hop.clickbank.net/
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10.1.: -||- Get Paid Again and AGAIN Automatically !!! -||-

Posted by: "41 Marketing" qualityads@41marketing.com qualityads03

Thu Mar 13, 2008 9:39 am (PDT)

Allow your business to stack additional sales (and additional incomes)

on top of the primary purchase and MAKE MORE MONEY WITHOUT DOING ANY
ADDITIONAL WORK!

Find out how NOW! http://simurl.com/uuu-gg-VV

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Messages in this topic (210)

11.1.: Drive a Brand New Car For FREE!

Posted by: "seze_zeynep" zeynep_marketing_004@yahoo.com zeynep_marketing_004

Thu Mar 13, 2008 9:40 am (PDT)

All over the world people are getting FREE Cars!
Learn how to get a brand new car at NO COST org et paid Money to drive if you already own a car!
http://clickst.THEFREECAR.hop.clickbank.net/
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12.: Your Online Gift Store, 3/13/2008, 10:00 am

Posted by: "abusinessopportunity@yahoogroups.com" abusinessopportunity@yahoogroups.com

Thu Mar 13, 2008 9:40 am (PDT)

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

Your Online Gift Store
Thursday March 13, 2008
10:00 am - 11:00 am
(This event repeats every day.)
Location: http://www.webspawner.com/users/joegriffith/index.html

Notes:
Need to find a gift or a toy then this is your place to get the online bargains you are looking for
http://www.webspawner.com/users/joegriffith/index.html

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/

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13.1.: TOP 1,000 D-A-T-I-N-G SITES LIST

Posted by: "meyersjohn32" meyersjohn32@yahoo.com meyersjohn32

Thu Mar 13, 2008 9:56 am (PDT)

Over 1,000 Dating Sites

http://www.singlessitedirectory.com

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Messages in this topic (320)

14a.: Read it and learn how easy it is to Get Rich ...

Posted by: "seze_elif" cucubeda@yahoo.com cucubeda

Thu Mar 13, 2008 9:56 am (PDT)

As incredible as it may sound you're about to discover just
like I did how you can become a Millionaire
in less than 15 minutes!
http://clickst.FRANKCLICK.hop.clickbank.net/
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15a.: Click to Get Paid For What You Think!

Posted by: "seze_zeynep" zeynep_marketing_004@yahoo.com zeynep_marketing_004

Thu Mar 13, 2008 10:02 am (PDT)

IT'S THE PERFECT JOB! Work from home and set your own hours. You're in control.
You can work whenever you'd like, morning, noon, night .. midnight if you'd like .. it doesn't matter. Simply log in and select surveys to fill out, get paid for your time. Work for 30 minutes or three hours, it doesn't matter€ ¦'¥
http://clickst.TOPSURVEY.hop.clickbank.net/
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16.1.: Locate Billions in FREE Grants!

Posted by: "seze_zeynep" zeynep_marketing_004@yahoo.com zeynep_marketing_004

Thu Mar 13, 2008 10:21 am (PDT)

The Federal Government and Private Grant Foundations issue billions of dollars in grant money to a variety of groups each year. Grants are awarded to individuals each and every day from all walks of life, with large and very small bank accounts, for an ever-increasing array of purposes.
Grant programs are not Loans. You decide how much you need. As long as the amount is lawful and you meet the Foundations and Government Agencies Requirements, the money is yours to keep and never needs to be repaid. This grant money is non-taxable and interest-free!
Grant programs don't require a credit checks, collateral, security deposits or co-signers, you can apply even if you have a declared bankruptcy or have bad credit. You as a tax payer and U.S. citizen are entitled to apply for this money.
Click here to apply now!
http://clickst.UNCSAM.hop.clickbank.net/
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17a.: Get Your Website Listed In The Top 10 of GOOGLE!

Posted by: "Dora" gionalianagio@yahoo.com gionalianagio

Thu Mar 13, 2008 10:22 am (PDT)

Get Your Website Listed In The Top 10 of GOOGLE!
Secrets of Getting Your Website Listed In The Top 10 of GOOGLE!
If you are sick and tired of spending countless Money on PPC or other
Advertising That Simply Doesn't Give You The Results You Want Then?
Grab Yourself a Top 10 Listing in GOOGLE for your website FREE in just 3 days or Less!
http://tinyurl.com/2rjk8b

==========================
Blast your ads to 2,300,000 opportunity seekers only $5.95 or less!
http://groups.yahoo.com/group/aa_ic/message/77145

-----------------------------
New Groups to post your ads FREE
http://groups.yahoo.com/group/PostWorkAtHomeAdsHere
http://groups.yahoo.com/group/home_biz_opps_2008
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http://groups.yahoo.com/group/targeted_traffic
http://groups.yahoo.com/group/increase_traffic_
http://groups.yahoo.com/group/get_free_hits
http://groups.yahoo.com/group/traffic_for_money
http://groups.yahoo.com/group/flood_of_traffic
http://groups.yahoo.com/group/ads_for_hits
http://groups.yahoo.com/group/hit_hit_hit
http://groups.yahoo.com/group/free_hits_
http://groups.yahoo.com/group/free_traffic

-----------------------------
Unlimited TV Show Downloads!
http://groups.yahoo.com/group/Clint_How-To-Do-It_9/message/13578

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18.1.: 100% FULL FREE EBOOKS FOR RESELL PROFIT!

Posted by: "meyersjohn32" meyersjohn32@yahoo.com meyersjohn32

Thu Mar 13, 2008 10:23 am (PDT)

100% FREE TO DOWNLOAD NO REGISTRATION!
RESELL FOR PROFIT!
MANY TOPICS!

http://www.g-lks.com

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Messages in this topic (330)

19a.: Earn $1,000 Daily Trading FOREX!

Posted by: "seze_elif" cucubeda@yahoo.com cucubeda

Thu Mar 13, 2008 10:23 am (PDT)

How I Took A Ton Of Newbie Forex Traders, Trained Them From The Ground Up... And Quickly Converted Them Into High Income Earners In Breakneck Speed!
And, How I Can Do The Same For YOU... Practically Over Night!
http://clickst.FXORDER.hop.clickbank.net/
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20a.: Home Based Business

Posted by: "MiaBellasCandle.com" mia_bellas_candles@yahoo.com mia_bellas_candles

Thu Mar 13, 2008 10:24 am (PDT)

We have created a website that gives detailed information about the business and how to get started. We recommend that you visit www.BellasCandleBusiness.com and watch the video. Be sure to fill out the form and we will email you all the information you will need to determine if this business is for you.

Visiting the website above should help answer most of your questions. However after reviewing the information if you have any more questions feel free to email us or call us at 214-893-6060. The thing to keep in mind about this business is the only requirement is to join the candle of the month club. You can stop at anytime and are not required to make any other sales. Also please understand we will help you every step of the way. We will even help you promote your website to the search engines.

Also we would love to give you a call and answer any questions you may have. Since we repect your privacy, please email us the best time to call you.

Earn Income 3 Ways:
1. Retail - earn up to 100% profit from your sales.
2. Fundraising - let Organizations do the majority of the work. Work with the schools and other organizations in your area to use our candles to raise money. This is a sure fire way to increase your sales.
3. Residual/Referral - Build a team and get paid over and over monthly, unlimited width on 6 levels plus bonuses to infinity! As your team grows so does your monthly check.

Your only requirement to become a distributor is to join the Candle of the Month club (COTM) for $39.95 per month. You can do that here now http://www.Mia-Bellas-Candles.com

This is the easiest business I have been involved with. If you get the candle under peoples noses the product sells itself. We have also found that most customers will come back for repeat sales. To become a distributor all you need to do is join the candle of the month club. You have no minimum monthly sales and can quit at any time

Jeff & Stacey Pfohl
Diamond Distributors
Scent-Sations, Inc.
Home of Mia Bella's Cleaner Burning Gourmet Candle

__________________________________________________________
Looking for last minute shopping deals?
Find them fast with Yahoo! Search. http://tools.search.yahoo.com/newsearch/category.php?category=shopping

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21a.: Start Earning NOW !!!! It's Quick and Easy!

Posted by: "Business-Mart" 41advertising@41marketing.com adby41marketing06

Thu Mar 13, 2008 10:27 am (PDT)

Get paid to click on ads and visit websites.

Earnings Example

You click 10 ads per day = $0.10
20 referrals click 10 ads per day = $2.00
Your daily earnings = $2.10
Your weekly earnings = $14.70
Your monthly earnings = $63.00

The above example is based only on 20 referrals and 10 daily clicks.
Some days you will have more clicks available !!!

Start earning NOW! Click Here: http://bux.to/?r=maluisa

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22.: F.REE e-gold every 3 minutes. Join F-ree, Login, Play, W-i-n and Ins

Posted by: "Ramakrishnan S" ramkisuryan@gmail.com bizhyip

Thu Mar 13, 2008 10:28 am (PDT)

**********************************************************************************
Get FR3E e-gold daily. Steps are as follows:

> Join F,REE
> Login, Play F-ree, Win
> Click Withdraw for Instant Transfer of e-gold to your E-Gold a/c.

Join @ http://tinyurl.com/y5c6xo

Thanks.
Micelle V.
**********************************************************************************

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23a.: You could easily collecting $100 bills, starting today!

Posted by: "Kevin Maverick" kevin_maverick05@yahoo.com kevin_maverick05

Thu Mar 13, 2008 10:31 am (PDT)

Hello my Friend:

OK,
So you're looking for a way to generate a TON of cash
without ANY effort.

You need to make some FAST CASH and can't wait for MATRIX to FILL before you get paid.

You want an HONORABLE and LEGAL way to make MONEY online.

You want to pay OFF your CAR, HOUSE and CREDIT CARD bills
in the next 6 months.

You can join via Safe Pay, Alert Pay, E-Gold or money order.

Be willing to start TODAY and expect to make some cash
TOMORROW.

You want me to mail ads for you until you are QUALIFIED?
Then click now:

****************************************************************
http://www.secretpays.us.tc

****************************************************************

You will NOT get an autoresponder; you will get an email from ME
personally!

Hope to read from you soon!
Maria

---------------------------------
Never miss a thing. Make Yahoo your homepage.

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Intellectual Property Due Diligence

LeTs see who will come up with the BesT idea for ...

iTs AbouT getting the sale, or getting MoRe SaLeS !

Thursday, March 13, 2008

Messages In This Digest (25 Messages)

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Posted by: "lorrae50@yahoo.com" lorrae50@yahoo.com lorrae50

Thu Mar 13, 2008 9:00 am (PDT)

Posted by: "ãÏÎá ÛÑÇãí" groups_100_010012@yahoo.com groups_100_010012

Thu Mar 13, 2008 9:01 am (PDT)

Posted by: "seze_elif" cucubeda@yahoo.com cucubeda

Thu Mar 13, 2008 9:11 am (PDT)

Posted by: "javagood4u" javagood4u@yahoo.com javagood4u

Thu Mar 13, 2008 9:12 am (PDT)

Posted by: "javagood4u" javagood4u@yahoo.com javagood4u

Thu Mar 13, 2008 9:39 am (PDT)

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

Thu Mar 13, 2008 9:12 am (PDT)

Posted by: "Michelle's Advertising Service" adservice1008@yahoo.com adservice1008

Thu Mar 13, 2008 9:20 am (PDT)

Posted by: "seze_zeynep" zeynep_marketing_004@yahoo.com zeynep_marketing_004

Thu Mar 13, 2008 9:18 am (PDT)

Posted by: "Alexander" gionalianagio@yahoo.com gionalianagio

Thu Mar 13, 2008 9:18 am (PDT)

Posted by: "meyersjohn32" meyersjohn32@yahoo.com meyersjohn32

Thu Mar 13, 2008 9:29 am (PDT)

Posted by: "seze_elif" cucubeda@yahoo.com cucubeda

Thu Mar 13, 2008 9:34 am (PDT)

Posted by: "41 Marketing" qualityads@41marketing.com qualityads03

Thu Mar 13, 2008 9:39 am (PDT)

Posted by: "seze_zeynep" zeynep_marketing_004@yahoo.com zeynep_marketing_004

Thu Mar 13, 2008 9:40 am (PDT)

Posted by: "abusinessopportunity@yahoogroups.com" abusinessopportunity@yahoogroups.com

Thu Mar 13, 2008 9:40 am (PDT)

Posted by: "meyersjohn32" meyersjohn32@yahoo.com meyersjohn32

Thu Mar 13, 2008 9:56 am (PDT)

Posted by: "seze_elif" cucubeda@yahoo.com cucubeda

Thu Mar 13, 2008 9:56 am (PDT)

Posted by: "seze_zeynep" zeynep_marketing_004@yahoo.com zeynep_marketing_004

Thu Mar 13, 2008 10:02 am (PDT)

Posted by: "seze_zeynep" zeynep_marketing_004@yahoo.com zeynep_marketing_004

Thu Mar 13, 2008 10:21 am (PDT)

Posted by: "Dora" gionalianagio@yahoo.com gionalianagio

Thu Mar 13, 2008 10:22 am (PDT)

Posted by: "meyersjohn32" meyersjohn32@yahoo.com meyersjohn32

Thu Mar 13, 2008 10:23 am (PDT)

Posted by: "seze_elif" cucubeda@yahoo.com cucubeda

Thu Mar 13, 2008 10:23 am (PDT)

Posted by: "MiaBellasCandle.com" mia_bellas_candles@yahoo.com mia_bellas_candles

Thu Mar 13, 2008 10:24 am (PDT)

Posted by: "Business-Mart" 41advertising@41marketing.com adby41marketing06

Thu Mar 13, 2008 10:27 am (PDT)

Posted by: "Ramakrishnan S" ramkisuryan@gmail.com bizhyip

Thu Mar 13, 2008 10:28 am (PDT)

Posted by: "Kevin Maverick" kevin_maverick05@yahoo.com kevin_maverick05

Thu Mar 13, 2008 10:31 am (PDT)

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