Due Diligence

In Vivo Patent Law supports IP transactions and investment activity by conducting audits and due diligence analyses with business objectives in mind.  We perform thorough review of patent portfolios and related agreements concerning patent rights, and provide qualitative evaluation of the IP strengths, weaknesses, opportunities, and risks.  This often involves assessment of the scope of intellectual property rights, validity of patent claims, chain of title and proper ownership, related IP agreements, patent terms in relation to business objectives, and risks associated with third-party patents.

On the IP owner side, our expert counseling enables clients to prepare for transactions by de-risking a portfolio, and correcting gaps in portfolio coverage of products and platforms, chain of title, or rights to and obligations associated with in-licensed technology. By proactively strengthening a patent portfolio, we enable IP owners to maximize investments or monetization of their IP.

On the investor/licensee/acquisition side of a transaction, our expert counseling helps clients avoid IP money pits due to patents unlikely to be upheld as valid, a crowded IP landscape, and gaps in IP rights. Where transactions move forward, our SWOT analyses also arm clients with the knowledge to strategically negotiate favorable financial terms.