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les Nouvelles - March 2010


What Makes For Good Patent Due Diligence?

Jeff Miller

Orrick, Herrington & Sutcliffe LLP, Partner, Menlo Park, CA, USA

Micky Minhas

Qualcomm, Vice President, Patent Counsel, San Diego, CA, USA

Natasha Radovsky

Boeing, Senior Manager, Patent & Technology Licensing, Seal Beach, CA, USA

Michael Thumm

Chipworks, Vice President, Patent Intelligence, Ottawa, Ontario, Canada

Today’s dynamic and unpredictable economic climate has accelerated the need for companies to shore up performance by leveraging IP, including the buying and selling of patents. Patents are being purchased to strengthen licensing programs, create counter-claims in litigation, and support strategic business decisions. They are also being sold as a way for companies to gain quick revenue, reduce maintenance fees, and streamline patent portfolios to align with their core business. Depending on the deal value and transaction purpose, investing in legal and technical due diligence helps assess the overall value of the portfolio and minimizes the risk of the transaction.

As such, it’s more important than ever to understand the business considerations in the buying and selling of patents, and gain some perspective on the legal and technical aspects of due diligence that support these transactions. In today’s challenging economy, companies need a cohesive approach that controls cost, reduces risk, and maximizes the value of their investment.

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