IP Licensing + Harvesting + Due Diligence
Businesses often accelerate their growth by licensing trademarks, patents, copyrights, and trade secrets. Licensing can occur in either direction — companies can either license-in or license-out intellectual property rights. Licensing requires a review of the intellectual property that is subject to the license, review, and development of a customized business licensing strategy for a client, and preparation of license agreements that effectively support the strategy. We work closely with our clients and co-counsel to provide in-depth analyses of the client’s intellectual property, develop a licensing strategy, and draft, negotiate, review and enforce licensing agreements.
Software Licensing Audits and Compliance
Did you receive a letter from a software supplier, Business Software Alliance, or other organization asking about compliance with software inside your company? Do you know which software is installed on your computers and whether you are properly licensed? We can help you understand the licensing requirements for each and every software asset within your company. Further, with more than 60% of companies using some sort of open source software in their products, staying compliant with the various open source licenses can be a challenge. Our firm can work with your IT provider to put in policies and procedures to avoid problems associated with unlicensed software or compliance with open source software.
Patents, trademarks, copyrights, and trade secrets are often valuable, but overlooked, intangible assets of a business. We help companies identify their valuable intellectual property through careful analysis of business activities and documentation. For most technology-oriented businesses this can be one of their most important tasks. Our attorneys work with technology-oriented employees and management of the business, in a team approach, to conduct patent and copyright scrubs of products under development and to prioritize and pursue a patent and copyright protection of the valuable intellectual property assets of the business. We also work with marketing-oriented employees and management of the business, in a team approach, to provide guidance and assistance in identifying and developing trademarks of the business, and to pursue trademark protection of these trademarks according to a branding strategy for the business.
Due Diligence for Financing, Investing, Mergers and Acquisitions
Whether a transaction involves early-stage venture capital, a merger or acquisition, or a secured loan, our firm assists parties to mitigate investment risks by helping them understand a company’s intellectual property portfolio. Intellectual property due diligence is important in all industries. It is especially important in investments in which the target company relies on technology for its competitive advantage. Intellectual property can be under-utilized or under protected or encumbered through licensing and litigation. We can help you verify ownership, confirm the intellectual property is properly maintained, and verify other material facts relevant to intellectual property related to a transaction. Our firm works closely with our clients to conduct intellectual property audits, and to review related agreements and ownership documentation. In-depth knowledge of intellectual property assets often provides leverage during negotiations. We accordingly advise clients of their ownership and license of intellectual property rights as part of the client’s IP due to diligence review.