In addition to the usual analysis and evaluation of IP situations and portfolios in the context of M&A activities, typical scenarios in which IP due diligence may be necessary or useful also include the preparation and evaluation of potential (other) technology transfers, the company valuation in the run-up to investment decisions, for example in start-up companies, or the IP-related analysis of one’s own company and its competitive position, its internal processes and its strategy with regard to IP.
In some cases, with regard to freedom-to-operate (FTO), it is appropriate or required to carry out for your own company, its products and roadmaps or for partner companies, such as important suppliers, a dedicated analysis of the relevance of third-party IP positions, particularly with regard to their intellectual property rights. In some cases, it is also helpful or necessary to document the results of such a detailed analysis, for example with regard to potential use and/or the probable (non-)validity of IP rights, in detail as part of a legal opinion.
We are happy to support you in defining, preparing and executing due diligence projects and FTO projects, right through to the final preparation of a detailed report or legal opinion, in which, if desired, in particular opportunities and possible ways and recommendations for their realization as well as potential risks and possible ways and recommendations for addressing them can be identified.