IP Development

The importance of a Due Diligence analysis cannot be over emphasized when entering into a relationship that requires the buying, selling, licensing or franchising of intellectual property

ELO provides valuable assistance in matters involving technologyintensive companies entering into acquisitions, joint ventures, or investment arrangements by third-party entities by conducting a Due Diligence investigation of the intellectual property assets and liabilities of the target company. These results can be very useful in determining the propriety of the transaction and can often point toward issues that may require further analysis.

Performance of a thorough Due Diligence analysis is of benefit to all parties involved and often assists in the formation of optimal business relationships.

A Due Diligence investigation during merger/acquisition discussions, when buying or selling IP, or in conjunction with negotiating a license or franchise agreement should stress the following:

• Defining the ultimate goals of the transaction;

• Clarifying what is being acquired or sold, and what are the obligations of the parties;

• Performing a complete search on IP ownership, and determination ensure that rights remain in force;

• Determining the presence of cross licenses or conditions which might affect or restrict the usage of the IP rights contemplated for purchase/sale;

• Requesting details of any improvement patents that might exist;

• Ascertaining whether the IP is the subject of any litigation or infringement suits;

• Requesting details regarding any significant third parties;

• Ensuring that the seller has the right to sell the IP.

Each transaction will have its own characteristics and requirements. Some intellectual property assets may require closer evaluation than others due to factors such as complexity, competition and foreign registration. Rights may range from ownership to license and may include agreements regarding contingent rights in intellectual property to be developed in the future. A viable evaluation also includes analyzing any prior grants that may impact or dilute the value of the assets and also assessing potential intellectual property infringement claims.

ELO understands the necessity of providing the right counsel to conduct IP Due Diligence. Our understanding of the industries, business environments and client objectives allows us to focus on the assets and the relative importance to the client. We are experienced with due diligence requests and undertaking further investigative activities as necessary including: searches; opinions; review of agreements; and other appropriate efforts. ELO understands the scope and nature of due diligence will vary according to the type of asset. Our understanding of intellectual property law, the industries, and technologies position us to assist clients with analyzing IP assets and arriving at equitable terms. Contact us for additional information or to schedule a consultation.

At ELO, we appreciate the client’s business goals and provide counsel not only on their specific IP protection needs, but also with your strategic business planning.

We work with IP-driven companies by counseling their legal, technical and business personnel in order to facilitate the creation of IP portfolios that act in concert with their business objectives.

Whether the client is an innovative start-up or a multinational corporation, ELO provides valuable guidance when considering their IP options. Our legal and technical experience enables us to provide programs targeted to the specific needs of our clients.

ELO monitors legal, regulatory and administrative developments in order to identify opportunities for our clients to benefit from opportunities to capitalize on their IP portfolios. We coordinate existing and developing portfolios to avoid infringement and ensure that both the products being protected and the business plans promulgated upon them are based upon a strong IP foundation. We assist clients in prioritization of assets and offer advice on technology licensing, and identification of acquisitions designed to enhance or expand upon their IP positions. Contact us for additional information or to schedule a consultation.

ELO’s evaluates and analyses intellectual property portfolios to offer investors intellectual property due diligence and assist them in:

• Arriving at cogent assessments regarding the technology’s freedom to operate;

• Determining the realistic strength and position of the technology in the marketplace; and

• Illuminating perceived risks involved with acquisition of rights to the technology.

Our counseling assists investors in minimizing risks involved with intellectual property investments, determining deal valuation, and identifying areas of the portfolio that require further development. ELO further assists clients in determining invention topic generation, licensing and development and implementation of an Intellectual Property Portfolio.

We have experience in many aspects of municipal and industrial utilities, power plants, renewable energy, turbine and engine design, medical devices, and biotechnology.

Subsequent to investment, ELO may collaborate with the client’s intellectual property counsel, or if desired, leverage ELO’s patent preparation and prosecution services to improve their intellectual property position. Contact us for additional information or to schedule a consultation.