IP Due Diligence
Having transactional lawyers, patent attorneys and trade mark attorneys under one roof gives us a real advantage
Our patent attorneys use their deep scientific and technical knowledge to interrogate the intellectual property rights being bought or sold, whether that’s acting for a buyer and determining whether the IP rights cover the target company’s key products and inventions, or acting for a seller and testing the strength of the intellectual property portfolio.
Our overarching objective is to provide commercially valuable advice during the due diligence process. That advice might include assessing the ease of designing around a potentially problematic patent or providing an opinion on validity, or on other issues such as priority entitlement and ownership.
Our transactional lawyers are experienced at drafting and negotiating intellectual property warranties and other supporting documentation. Working hand-in-glove with our patent and trade mark attorneys, the team makes sure that any risks or issues identified during the IP due diligence process are addressed in the deal documentation.
For more information, please see our Guide to Intellectual Property in association with the British Private Equity & Venture Capital Association.
Carpmaels & Ransford provided the IP due diligence for the acquisition of Softhale NV by Sino Biopharmaceutical Limited, a transaction worth over 100 million USD. Our patent attorneys advised on FTO for key products and on the strength of IP protecting those products, working closely with the technical due diligence team. Our transactional lawyers advised on the implications of the target’s existing IP agreements to the proposed acquisition.
Carpmaels has helped an SME in the energy storage sector secure significant investment after guiding the SME through funding rounds and every step of the due diligence process. The SME’s patent portfolio, drafted and managed by our patent attorneys, was scrutinised by investors and found worthy of investment. Our transactional lawyers supported the SME to provide proportionate and accurate responses to the investors’ diligence which met the investors’ needs whilst managing our client’s risk.
IP Due Diligence Partners
Meet the IP Due Diligence team
When Shire decided to create the leading biotechnology company in the world for rare disease products, it looked to its trusted advisors at Carpmaels & Ransford to act as its European IP counsel to pressure-test Baxalta’s expansive patent portfolio in Europe.
Shire had previously sought our due diligence advice on a number of occasions including its purchase of NPS Pharmaceuticals and its acquisition of Foresight Biotherapeutics in 2015. It therefore knew that Carpmaels & Ransford would be able to field an expert team that would act quickly and thoroughly to identify any potential IP hurdles or liabilities.