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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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Tuesday, December 2, 2008

[a business opportunity] Digest Number 44285

Messages In This Digest (25 Messages)

1.
============= Sexy Girl driving car From: Hot Pinky
2.
======== Hot actress in a hot dancing video From: Hot Pinky
3.
FREE Contest! Make Money! From: Russell M
4a.
Health and Dental Discount Program Co. Seeks smart and upbeat people From: Advertising
5.
Earn money from Telephone Calls and Get Unlimited Free Calls, 12/2/2 From: abusinessopportunity@yahoogroups.com
6a.
Leveraging Cash Can Transform Your Financial Life! From: Clarence Coggins Crown Prince Web 2.0
7.1.
MASTER PSYCHIC READER~ ACCURATE & AMUSING From: Fran Galton
8a.
Terbaru... 30 sen per referral! From: JasRizal
9a.
fortunes will be made with this, I repeat, absolute fortunes!!!!!!!! From: FOREVERYOUNG GROUP
10.1.
New Company Advisory...2 years in development...coming this fall...b From: Brett Gurney
11.
Online Engineering Degree From: mbaguideonline
12.1.
E-Mail to 96 Million Targeted Recipients Per Month! From: Kally
13.
EARN $500 PER MONTH EASILY FROM HOME WITH PAYMENT PROOF. From: chen_kumar80
14.1.
SPEED UP YOUR PC NOW, FREE DOWNLOAD !! From: Michel Labonte
15.1.
You Get Paid Fast From: Robert Woodard
16.1.
Email 81  Million Targeted Prospects Monthly! From: Amanda
17.1.
Inventory Management Software From: Rich Moline
18a.
Stop SPAM Cold. From: McVay Consulting
19.
30day free trail/ Take a tour, 12/2/2008, 5:00 am From: abusinessopportunity@yahoogroups.com
20.1.
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21a.
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24a.
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25.1.
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Messages

1.

============= Sexy Girl driving car

Posted by: "Hot Pinky" hotpinkyhot@gmail.com   hotpinkyhot

Tue Dec 2, 2008 2:13 am (PST)

2.

======== Hot actress in a hot dancing video

Posted by: "Hot Pinky" hotpinkyhot@gmail.com   hotpinkyhot

Tue Dec 2, 2008 2:14 am (PST)

3.

FREE Contest! Make Money!

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Tue Dec 2, 2008 2:16 am (PST)

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4a.

Health and Dental Discount Program Co. Seeks smart and upbeat people

Posted by: "Advertising" advertise1051@advertiseonline4u.com   advertise1051

Tue Dec 2, 2008 2:19 am (PST)

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5.

Earn money from Telephone Calls and Get Unlimited Free Calls, 12/2/2

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

Tue Dec 2, 2008 2:55 am (PST)

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

Earn money from Telephone Calls and Get Unlimited Free Calls
Tuesday December 2, 2008
9:00 am - 10:00 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/
6a.

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Tue Dec 2, 2008 3:12 am (PST)

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7.1.

MASTER PSYCHIC READER~ ACCURATE & AMUSING

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Tue Dec 2, 2008 3:32 am (PST)

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8a.

Terbaru... 30 sen per referral!

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Tue Dec 2, 2008 3:34 am (PST)

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9a.

fortunes will be made with this, I repeat, absolute fortunes!!!!!!!!

Posted by: "FOREVERYOUNG GROUP" ezeewealth@yahoo.co.uk   ezeewealth

Tue Dec 2, 2008 4:00 am (PST)


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10.1.

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

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

Tue Dec 2, 2008 4:09 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,
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..and you are getting first notice

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Given the uniqueness of the product, with the science
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via press releases and various media outlets

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If you like ground floor it doesnt get any more ground
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I will be going through a pre-qualification process with
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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
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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

11.

Online Engineering Degree

Posted by: "mbaguideonline" mbaguideonline@gmail.com   mbaguideonline

Tue Dec 2, 2008 4:09 am (PST)


Online Engineering Degree
<http://www.careerdegreeinfo.com/degrees-by-subject/online-engineering-d\
egrees.html
>
The progress in the field of engineering has practically changed the
world scenario. We can observe amazing advancement of engineering in the
fields like computer science, construction of buildings, transportation,
communication to name only a few.
Language Schools
<http://www.careerdegreeinfo.com/language-schools/default.htm>
PhD Degrees Pay
<http://www.careerdegreeinfo.com/online-degrees-pay/phd-degrees-pay.html\
>
Online Psychology Degree
<http://www.careerdegreeinfo.com/degrees-by-subject/online-psychology-de\
grees.html
>
Online MBA Programs
<http://www.careerdegreeinfo.com/online-business-degrees/online-mba-prog\
rams.html
>

12.1.

E-Mail to 96 Million Targeted Recipients Per Month!

Posted by: "Kally" dogustanole@yahoo.com   dogustanole

Tue Dec 2, 2008 4:14 am (PST)

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!
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*
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***This is not spam. You receive this e-mail because we are in the same group. Please change your group message delivery settings to "no mail" if you wish to be removed from future mailings. Or forward the whole e-mail to remove-groups@hotmail.com with the subject "remove" if you dont know how to do it. If you are a group ADMIN and no longer wish to receive our post, please email remove-groups@hotmail.com with the subject "remove - (your groupname)"* **
13.

EARN $500 PER MONTH EASILY FROM HOME WITH PAYMENT PROOF.

Posted by: "chen_kumar80" chen_kumar80@yahoo.com   chen_kumar80

Tue Dec 2, 2008 4:16 am (PST)

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For more details please log on to

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14.1.

SPEED UP YOUR PC NOW, FREE DOWNLOAD !!

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

Tue Dec 2, 2008 4:16 am (PST)


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15.1.

You Get Paid Fast

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

Tue Dec 2, 2008 4:22 am (PST)


Work from home and get paid weekly!

http://www.theinternetsuccessmachine.com/rwearl

16.1.

Email 81  Million Targeted Prospects Monthly!

Posted by: "Amanda" dogustanole@yahoo.com   dogustanole

Tue Dec 2, 2008 4:34 am (PST)

Simple To Use - Increase Traffic With 1 Click
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*
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***This is not spam. You receive this e-mail because we are in the same group. Please change your group message delivery settings to "no mail" if you wish to be removed from future mailings. Or forward the whole e-mail to remove-groups@hotmail.com with the subject "remove" if you dont know how to do it. If you are a group ADMIN and no longer wish to receive our post, please email remove-groups@hotmail.com with the subject "remove - (your groupname)"* **
17.1.

Inventory Management Software

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

Tue Dec 2, 2008 4:35 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
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software package.

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Manufacturing / Warehousing needs.
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¤§¤==========¤§¤==========¤§¤

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http://www.trakersystems.com/warehouse.html

18a.

Stop SPAM Cold.

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

Tue Dec 2, 2008 4:35 am (PST)


65% of my mail used to be SPAM, and now its GONE.

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<a href=http://www.l1nk.com/zdR/sa.html>AOL Friends</a>

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1-250-616-9431
McVay Consulting Group

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19.

30day free trail/ Take a tour, 12/2/2008, 5:00 am

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

Tue Dec 2, 2008 4:40 am (PST)

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

30day free trail/ Take a tour
Tuesday December 2, 2008
5:00 am - 6:00 am
(This event repeats every day.)
Location: 30day free trail/ Take a tour

Notes:
30day free trail/ Take a tour

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personally sponced members. LHNteamprobuilder does alot of the work for you.

http://www.lhnprobuilder.com/sophia/

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/
20.1.

ZenZuu For You Free

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

Tue Dec 2, 2008 4:46 am (PST)


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Regards
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21a.

Mulalah menjana pendapatan secara online .. Prospek anda dari seluru

Posted by: "ZUZA" ilhamkurnia01@gmail.com   ilhamkurnia02

Tue Dec 2, 2008 4:50 am (PST)

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*

--
SET BARANGAN KHAS UTK. SUAMI & ISTERI.( Salah Satu Produk Bio-Asli)

Terima Kasih Wahai Suami ku Sayang..
Abang Memang Hulubalang Terbilang..
Setiap Kali Bersama....
Daku Pasti Puas Bukan Kepalang.

Untuk Maklumat Percuma..Sila Klik..

http://www.bioasli.com?id=Fieza01
22.1.

All because I dared to dream....

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

Tue Dec 2, 2008 4:51 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.

I dream that they firstly earn a little money to help with the bills.

I dream that they earn some more money to improve their lifestyles.

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

23.1.

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

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

Tue Dec 2, 2008 4:53 am (PST)

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

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GUARANTEED EARNINGS FOR LIFETIME.

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For more details just visit :

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NOTE: AFTER JOINING ABOVE LINK CHECK YOUR EMAIL TO CLICK CONFORMATION
EMAIL
24a.

Email 2,900,000+ Recipients Daily!

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

Tue Dec 2, 2008 5:00 am (PST)

Email 2,900,000+ Recipients Daily!
100% SPAM FREE Targeted Bulk Email Service!
Instantly INCREASE YOUR SALES by 1900% GUARANTEED!
http://tinyurl.com/5qpavv

==========================================
Make Money Online. No Cost To Get Started. This Really Works.
Earn Up To $30 Per Referral...Plus A $125.00 Bonus For Joining
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==========================
Blast your ads to 5,000 groups only $5.95 or less!
http://tinyurl.com/6nwn8c or http://98.to/purads

----------------------------
Post your ads to thousands of members for FREE and make some cash at the same time
http://groups.yahoo.com/group/Advertisers_Heaven
http://groups.yahoo.com/group/get-money-online
http://groups.yahoo.com/group/4_Internet_Marketing

This is not a spam. You receive this e-mail because YOU CHOOSE TO RECIEVE E-MAILS FROM SOME GROUP. Please change your group message delivery setting to "Web Only" or choose "Leave Group" if you wish to be removed from future mailings. Or forward the whole e-mail to zonta43@hotmail.com with the subject "remove" if you don't know how to do it, and then wait for our instructions. If you are a group ADMIN and no longer wish to receive our post, please remove us from your group. We don't own or even know your e-mail address, so please let us know which group you are in when you write to us and, most importantly, DO read our reply. Thanks for your understanding.

25.1.

Get Paid To Write Content Online!

Posted by: "Tailor" dogustanole@yahoo.com   dogustanole

Tue Dec 2, 2008 5:01 am (PST)

Discover How You Too Can Easily Earn A Full Time Living Writing On The Internet - Even If You Have No Prior Writing Experience Whatsoever!"

If You Can At Least Write at a Basic Ninth-Grade Level, You Too Can Make Money - Lots & Lots of Money - With This Genuine And Easy Internet Writing Biz!
http://creamwalls.WRITE2007.hop.clickbank.net/
*
*
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*
***This is not spam. You receive this e-mail because we are in the same group. Please change your group message delivery settings to "no mail" if you wish to be removed from future mailings. Or forward the whole e-mail to remove-groups@hotmail.com with the subject "remove" if you dont know how to do it. If you are a group ADMIN and no longer wish to receive our post, please email remove-groups@hotmail.com with the subject "remove - (your groupname)"* **
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iS iT WiN-abled ? so, everyone (minus cheaters & abusers) has equal opptions for reasonable revenue ?

:)