Maximizing the value and enforceability of IP assets
Industry leaders rely on Dechert to provide comprehensive strategic guidance for navigating the complexities of global asset protection and commercialization. Our integrated due diligence team works across jurisdictions, combining sophisticated IP expertise with a pragmatic commercial perspective to maximize and protect our clients’ intellectual property wherever they do business.
We recognize that our assessments are critical to our clients’ decisions on potential investments, acquisitions, mergers, joint ventures, co-developments and licensing agreements, so we are committed to providing all of the information required to make an informed decision while also being sensitive to cost considerations.
Our global team includes lawyers with advanced scientific degrees who have performed numerous IP diligence projects on behalf of U.S. and foreign companies. We investigate beyond the obvious IP issues to detect potential problems or business issues that could impact valuation.
We perform IP due diligence assessments of deals for pre-public startups, large publicly traded companies, private equity and venture capital investors, issuers of commercial papers and underwriters. We counsel clients on choosing the deal structure that will maximize the value and enforceability of their IP assets.
Our IP diligence includes assessing patent, trademark and trade secret portfolios, reviewing license agreements, confirming IP ownership, assessing the adequacy of IP disclosures under securities laws, evaluating the strength and value of lead programs and developed and clinical stage products, assessing trade secret protection programs and the management of privacy issues and appraising R&D programs.
In conducting portfolio reviews for companies considering acquiring or investing in intellectual property, we identify potential problems concerning the targeted IP, using knowledge we then leverage to negotiate more favorable deals and to recommend value-enhancing solutions. We also assist clients in identifying, assessing and pursuing funding options.
Mergers and acquisitions
Working together with members of Dechert’s leading corporate and M&A practices, we provide comprehensive IP support for mergers and acquisitions and other corporate transactions, including deal structuring, IP due diligence, and negotiation of relevant IP terms and agreements.