Acquisition Due Diligence
Acquisition Due Diligence is the procedure of gathering data, validating facts, and calculating risks connected with a business transaction. A key challenge in any due diligence is how to gather, verify and evaluate this information within the time and budgetary constraints of the transaction.
Regardless of whether you are the seller or the buyer in a transaction involving IP, due diligence should disclose the value of the intangible assets involved such as patents, trademarks, copyrights and trade secrets. This value can be determined by examining the potency, extent, and enforceability of the IP, the ownership rights of any included IP, and the prospective potential resulting from the IP.
If you are looking to acquire a company or the license for a product, a Schwegman due diligence investigation can assist you in making sure you are getting that pick-of-the-lot you’re paying for, or are thinking of paying for, instead of a lemon. If you are planning to sell part of your IP portfolio, a Schwegman due diligence review can prepare you when a potential buyer starts to look under your hood.