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.
Enforceability
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.
