IP Due Diligence

For nearly 30 years, with the sole focus on helping clients like you realize your business goals, we have assisted clients with IP due diligence matters ranging from investment decisions for early-round venture capital financing to multibillion-dollar acquisitions.

Comprehensive and thoughtful analysis provided at the right time is crucial for profitable investment and strategic alliance decisions, and a well-thought-out due diligence program will help increase the odds of success of your business decisions. We can help you better determine the total value of your IP portfolio, uncover IP roadblocks that may alter the fate and value of your deal, and devise strategic options for achieving your objectives.
We tailor the due diligence process to fit your needs and the type and size of the transaction. While keeping general principles intact — such as establishing IP value, determining IP roadblocks, and suggesting strategies for follow-up — we also appropriately prioritize the scope of the analysis to fit your budget for the particular deal. For instance, if a third-party blocking patent is discovered early enough, an acquirer or investor can contemplate design-around, licensing, invalidation, or even termination of the transaction, without incurring significant actual or opportunity costs.

Representative Matters

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Developed an intellectual property strategy for Kythera Biopharmaceuticals, Inc to protect its compounds and formulations for non-invasively removing fat from the body (synthetic deoxycholic acid). Provided IP and transactional support for acquisition of IP.
Handled the intellectual property aspects of a $46 million deal between our client, Nabi Biopharmaceuticals, and GlaxoSmithKline, relating to the sale of a vaccine against S. aureus, which will be critical in the fight against the multidrug-resistant bacterium known as MRSA.
Represented a public biotechnology company for their licensing and supply agreement related to the commercialization rights of tadalafil. Foley handled the IP due diligence and agreement work while evaluating challenging risk factors, including patents that were involved in an ongoing litigation at the time of the deal. The deal received the 2009 Deal of Distinction Award in the Health Care Sector by the Licensing Executives Society (USA & Canada) for “a clear demonstration of the power of courage and creativity in licensing.”

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