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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



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Wednesday, December 3, 2008

[a business opportunity] Digest Number 44302

Messages In This Digest (20 Messages)

Messages

1a.

EARN 300-600 DOLLARS PER MONTH WITHOUT INVESTMENT              For m

Posted by: "angeline jeeva" angeline_jeeva@yahoo.com   angeline_jeeva

Wed Dec 3, 2008 2:59 am (PST)



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€ ¢Â 

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€ ¢Â 

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- 10 US DOLLARS FOR EACH MEMBER JOINING UNDER YOU (they also should work) € ¢Â 

€ ¢Â· TO ENROLL MEMBERS YOU CAN
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€ ¢Â· € ¢Â FOR INCOME PROOF MAIL ME AT

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SHOULD WORK OTHERWISE YOU CANNOT REAP THE FULL BENEFIT

€ ¢Â· YOU CANNOT BECOME RICH
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€ ¢Â Â Â Â Â Â 
€ ¢Â 

THINK TWICE BEFORE YOU
CLOSE

NOTE: THIS
MESSAGE IS SENT TO INTERESTED MEMBERS OF THE GROUP OTHERS

PLEASE IGNORE.

€ ¢Â 

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Messages in this topic (2)
2.

EARN 300-600 DOLLARS PER MONTH WITHOUT INVESTMENT               For

Posted by: "angeline jeeva" angeline_jeeva@yahoo.com   angeline_jeeva

Wed Dec 3, 2008 2:59 am (PST)



EARN 300-600 DOLLARS PER
MONTH WITHOUT INVESTMENT

€ ¢Â Â Â Â Â Â Â Â Â 
€ ¢Â 

€ ¢Â 

For more details please log on to

€ ¢Â 

http://www.ezinfocenter.com/9796914/CB

€ ¢Â 

€ ¢Â· YOU WILL BE PAID€ ¢Â  1
- 10 US DOLLARS FOR EACH MEMBER JOINING UNDER YOU (they also should work) € ¢Â 

€ ¢Â· TO ENROLL MEMBERS YOU CAN
USE YAHOO GROUPS
OR FREE ADS.€ ¢Â 

€ ¢Â· € ¢Â FOR INCOME PROOF MAIL ME AT

€ ¢Â· 100% LEGAL.€ ¢Â  YOU
SHOULD WORK OTHERWISE YOU CANNOT REAP THE FULL BENEFIT

€ ¢Â· YOU CANNOT BECOME RICH
OVERNIGHT. BUT FINANCIAL INDEPENDENCE
CAN BE GAINED

€ ¢Â Â Â Â Â Â 
€ ¢Â 

THINK TWICE BEFORE YOU
CLOSE

NOTE: THIS
MESSAGE IS SENT TO INTERESTED MEMBERS OF THE GROUP OTHERS

PLEASE IGNORE.

€ ¢Â 

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Messages in this topic (1)
3.1.

Earn $50-$100/Day €  '¶ Without Investment - Don't Miss

Posted by: "sliver work" sliverwork7772@gmail.com   gold_work001

Wed Dec 3, 2008 3:10 am (PST)

Earn $50-$100/Day €  '¶ Without Investment - Don't Miss

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NOTE: AFTER JOINING ABOVE LINK CHECK YOUR EMAIL TO CLICK CONFORMATION
EMAIL
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Messages in this topic (60)
4.1.

-|- Get Paid Again and AGAIN Automatically !!! -|-

Posted by: "41 Marketing" mega@41marketingsolutions.com   megaads02

Wed Dec 3, 2008 3:17 am (PST)


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

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Messages in this topic (942)
5.

Ýíáã ÇáØÇáÈÉ ÇáãÍÑæãÉ ãÚ ÇáÇÓÊÇÐ ÇáåÇíÍ + ÇáÕæÑ

Posted by: "ÓãíÑÉ ÓßÓ" mona_newgr1@yahoo.com   mona_newgr1

Wed Dec 3, 2008 3:33 am (PST)


€  ÓãíÑÉ €  ÓßÓ €  ãÞÇØÚ €  æÃÝáÇã €  áã €  ÊÚÑÖ €  ãä
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http://www.samira6.com <http://www.samira6.com/index.php>




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Messages in this topic (1)
6.1.

New Company Advisory...2 years in development...coming this fall...b

Posted by: "Brett Gurney" brettgurney@yuhknow.com   brett.gurney

Wed Dec 3, 2008 4:02 am (PST)


Greetings

My name is Brett Gurney...full time work
from home entrepreneur and network marketer

I have just recently been offered, and have accepted,
one of 4 top positions with a new company that is
launching this fall...and will be putting together a core
group of founders before our general prelaunch in
early November

..and you are getting first notice

We know this company and the product will have a
dramatic impact on the nutritional MLM industry...we
have documented studies, science, and technology that
will put the product front and center in this catagory

Given the uniqueness of the product, with the science
and technology behind it, and the people involved with
the development and formulation of the company...it
could easily become the next nutritional giant

Nobody knows about this yet...there are no distributors,
there is no website, and the company have not announced
their name yet...they will announce themselves any day now
via press releases and various media outlets

...two years in the making

If you like ground floor it doesnt get any more ground
floor than this

I will be going through a pre-qualification process with
those who wish to get involved now...if you are a leader
in the industry, or someone who wants to get serious
about a business... please contact me...I have information
to share

Click on this link please for a brief overview of
who we are and what were doing
http://lgtmarketing.com/track/t.php?l=5521

Thanks,

Brett Gurney
770-838-0907
(c) 678-516-1927
brett.gurney@yahoo.com
Skype Address - brettgurney
Yahoo IM handle - gurnstyle

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Messages in this topic (82)
7.1.

SPEED UP YOUR PC NOW, FREE DOWNLOAD !!

Posted by: "Michel Labonte" fiftyplatinum@yahoo.com   fiftyplatinum

Wed Dec 3, 2008 4:10 am (PST)


SPEED UP YOUR PC NOW, FREE DOWNLOAD !!
REGISTRY CLEANER FREE SCAN !!
http://registrycleanersfreescan.com

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Messages in this topic (191)
8.

Mesti Beli: Panduan Asas Belajar HTML

Posted by: "JasRizal" mcmppqq@yahoo.in   mcmppqq

Wed Dec 3, 2008 4:14 am (PST)

Mesti Beli: Panduan Asas Belajar HTML
Panduan ASAS HTML...oleh: Sdra. Mazlie
Kuasai HTML untuk laman web anda
Pelajari asas html dgn mudah
Dan Langkah demi langkah
Asas kemahiran html amat penting
Dapatkan info dgn klik banner di bawah:

<http://www.produkniaga.com>
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Messages in this topic (1)
9.1.

STOP  Recruiting!!!

Posted by: "Robert Woodard" earl50@yuhknow.com   earlwood8

Wed Dec 3, 2008 4:16 am (PST)


STOP Recruiting!!! You can make $CASH$ Weekly with our EXCITING company!!!! Visit http://www.rwearl.free1up.com/ NOW to receive FREE details!!! (rwearl)

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Messages in this topic (140)
10.

Send Unlimited number of Video Postcards for Only $14/mo

Posted by: "Clarence Coggins Crown Prince Web 2.0" bluntworks@grouply.com   bluntworks

Wed Dec 3, 2008 4:25 am (PST)

I had to share this with you. I know that economic conditions seem bleek.
I know that you really want to have better finances next year.
Well these things really work.
http://www.blackbusinessaffiliate.com/members/nbbta/postcard/XEOVY31YVD.html
Clarence Coggins, Crown Prince of Web 2.0
http://www.blackbusinessbuilders.com/bbb2.htm?1164
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Messages in this topic (1)
11.

Your MBA Program

Posted by: "degreefinder" degreefinderpk@gmail.com   degreefinder

Wed Dec 3, 2008 4:26 am (PST)


Your MBA Program <http://www.thembadegreeonline.com/mbaprograms.htm>

People in business and management have always given great value to an
MBA Degree. For this reason MBA is one of the most sought degree in the
world. In MBA program you will gain abilities to handle real-life
business situations that will make you leader in your field.
Fraud Management MBA
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ms.htm>
MBA Entrepreneurship
<http://www.thembadegreeonline.com/programs/mba-entrepreneurship.htm>
MBA Organizational
<http://www.thembadegreeonline.com/programs/mba-organizational.htm>

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Messages in this topic (1)
12a.

Free MP3 and Movies Download

Posted by: "Free Mp3" mfmlm@ymail.com   mfbusiness2000

Wed Dec 3, 2008 4:29 am (PST)


Free MP3 and Movies Download
http://www.mafiasearch.com
Search your Mp3 or Video, and Download it for FREE

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Messages in this topic (3)
13.1.

Inventory Management Software

Posted by: "Rich Moline" service@inventory-management.us   jwsnow2

Wed Dec 3, 2008 4:29 am (PST)


Business Management Software. Solutions for Warehousing
Manufacturing and
Transportation Industries. exercise the power to regulate,
dominate,or
manipulate! services and products. invoicing, Pricing,
shipping, Information
Bar Coding, forms, in one convenient software package.

Only the latest technology is employed in its products and
all its
software is designed and marketed by Traker Systems.

We give browsers all the organized tools needed to make an
informed systemize decision, including systemized ratings
and specifications. Browsers can search for all available
information and incentives. Offers a inventory control
for inventory management and Premier Business Management
Software.

a company that specializes in the integration of materials
Inventory Traker combines purchasing, receiving, inventory
control,
product allocation, and shipping into one, convenient
software package.

http://www.trakersystems.com

Traker Systems software solutions for
Manufacturing / Warehousing needs.
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€  ¤§¤==========€  ¤§¤==========€  ¤§¤

Traker For Public Warehousing
http://www.trakersystems.com/warehouse.html

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Messages in this topic (522)
14a.

Your Identity is Exposed!

Posted by: "McVay Consulting" wired2cash@yahoo.ca   wired2cash

Wed Dec 3, 2008 4:29 am (PST)


Did you know your IP address is exposed every time you visit a website?

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Your IP address is your online identity and could be used by hackers to break into your computer, steal personal information, or commit other crimes against you.

Hide My IP allows you to surf anonymously, change your IP address, prevent identity theft, and guard against hacker intrusions, all with the click of a button

http://www.l1nk.com/zdR/hmip.html

Awesome, easy-to-use, effective.

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Messages in this topic (6)
15a.

Get Affiliate Page Maker and Indexer Before Your Competitors Do!

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

Wed Dec 3, 2008 4:30 am (PST)

Get Affiliate Page Maker and Indexer Before Your Competitors Do!

This easy to use software gives you as an affiliate, all the tools
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This page was made with Affiliate Page and Index Maker! Click the
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send or reply after you open it.

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http://newbieservices.com/InternetSoftware/AffiliateIndexMakerC1.htm?
group

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Messages in this topic (5)
16.1.

ZenZuu For You Free

Posted by: "C.S." raymondconduit@yahoo.com   raymondconduit

Wed Dec 3, 2008 4:40 am (PST)


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you can also earn good money by reffering others
to Zenzuu.
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Regards
TaxiMan3

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Messages in this topic (123)
17.

30day free trail/ Take a tour, 12/3/2008, 5:00 am

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

Wed Dec 3, 2008 4:40 am (PST)

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

30day free trail/ Take a tour
Wednesday December 3, 2008
5:00 am - 6:00 am
(This event repeats every day.)
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Notes:
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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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Messages in this topic (1)
18.

FOREX AUTOMONEY: PAY YOURSELF FIRST (GET 95% OFF THIS HOUR).

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Wed Dec 3, 2008 4:44 am (PST)

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Messages in this topic (1)
19.1.

All because I dared to dream....

Posted by: "James Young" james123you@yahoo.com   james123you

Wed Dec 3, 2008 4:45 am (PST)


I dream that I can work from home and help others do the same.

I dream that my life makes a difference to the lives of others.

I dream that I help people earn money.

I dream that their happiness and confidence grows.

I dream that their lives and their families lives become better.

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I dream that they then earn a fulltime income which transforms their lives.

I dream that they go on to do the same for others.

All because I dare to dream.

Dream with me

James Young

http://www.jamesyoung.eu

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Messages in this topic (102)
20.1.

Want an Amazing Income ?

Posted by: "Work at Home" qualityads@41marketingsolutions.com   qualityads03

Wed Dec 3, 2008 4:46 am (PST)


If you are serious about earning your own income online, this is the
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You will start earning a profitable income!

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Recent Activity
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Posted by thedeb at 12/03/2008 07:50:00 AM

0 comments:

Post a Comment

iS iT WiN-abled ? so, everyone (minus cheaters & abusers) has equal opptions for reasonable revenue ?

:)

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