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IP Due Diligence

When technology-based companies are bought and sold, or when technology rights (e.g., patents, trade secrets, contractual know-how) are licensed, sold, optioned, secured, or otherwise transferred,  the quality of the technology and technology rights is crucial to not just the value of the deal but even whether the deal will take place or not.  Navigating the intricate landscape of intellectual property deals requires a thorough understanding and careful examination of intellectual property rights. Our due diligence legal services are tailored to meet the unique needs of clients engaging in various transactions, such as licensing, assignment, options, security interests, sales, mergers, divestitures, and other business transfers where intellectual property plays a pivotal role.

Kagan Binder attorneys have helped parties on both the buying and selling side to conduct due diligence for deals ranging in size from licensing or assignment of a single patent to those in which the acquisition or divestiture is worth hundreds of millions of dollars.  

Due diligence matters.  Due diligence is crucial when it comes to evaluating the quality of intellectual property rights. Whether you are seeking to transfer these rights, invest in a business, or engage in any transaction where intellectual property is a key asset, a comprehensive due diligence process is essential. At Kagan Binder, we recognize the significance of this process and provide expert legal counsel to parties on either side of the deal.  We have represented parties evaluating intellectual property, and we have represented parties owning or controlling the intellectual property.

With Kagan Binder on your side, you gain access to a team of experienced professionals dedicated to ensuring the success and integrity of your intellectual property transactions. Our commitment to excellence and comprehensive due diligence services sets us apart, making us the trusted choice for navigating the complexities of due diligence investigations.

Our team at Kagan Binder helps clients to undertake or present intellectual property in connection with due diligence with a focus on several critical issues. We assist in evaluating and presenting intellectual property effectively, addressing key aspects such the following: 

Defining the portfolio

Identifying the scope and components of the intellectual property portfolio.

Checking title chains, encumbrances, and ownership

Ensuring clear ownership, free from encumbrances, and validating the title of the intellectual property.

Evaluating the Impact of Related Agreements

Analyzing the influence of existing agreements on the intellectual property rights in question.

Assessing the Impact of present or past disputes

Investigating any ongoing or historical disputes related to the intellectual property, including evaluation of validity and freedom to operate opinions.

Examining current or threatened infringement (freedom to operate)

Identifying potential infringement issues and assessing their impact on the intellectual property.

Evaluating the competitive landscape

Identifying and evaluating key competitors and  their intellectual property portfolios.

Evaluating the impact of Government funding or other government contracts

Assessing the implications of government funding on the intellectual property.

Assessing claim scope and commercial relevance

Construing claim scope and the relevance/value in the commercial landscape, including identifying divided infringement problems.

Evaluating validity over prior art

Scrutinizing the validity of intellectual property in comparison to the prior art to determine if key claims possess novelty and inventive step.

Evaluating Validity problems relating to patent eligibility or proper content

Evaluating validity issues related to eligibility,  enablement, and written description.


Identify issues, e.g., duty of disclosure, inequitable conduct, or misuse problems, that could impact enforceability.

Providing recommendations and corrective actions

Offering strategic recommendations to address any identified issues and enhance the overall portfolio.

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