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Practice/Industry Group Overview
A wise investment in Intellectual Property (IP) and a sound strategy underlying an IP portfolio is a vital business asset. Our legal experience and our close work with attorneys in corporate practice help us guide clients toward a higher level of competitiveness and profitability where intellectual capital is concerned.
"We work closely with clients, helping them identify, protect, and exploit IP assets that make them competitive."
Patent Portfolio Analysis and Development
We work to help clients build and strengthen their IP portfolios. We'll sit down with them, look at the range of patents they have—and don't have—and the various agreements, arrangements, and technologies they're working with. We examine a number of issues: Where is the law heading? Is a client's IP adequately protected? What are the strategies by which they profit and protect themselves? What are their business goals and current industry realities? A careful view of the big picture helps us assess what a client needs now and what they'll need later on.
We consider where protection other than patents would be useful or help companies establish their position by drafting documents or policies relating to trade secrets and know-how. Fredrikson & Byron attorneys work closely with clients, steering them through this course of identifying, protecting, and exploiting the assets that make them competitive.
Corporate Due Diligence
We routinely conduct due diligence reviews, particularly in connection with corporate transactions like mergers or acquisitions. This process is especially important where IP is a substantial asset. Due diligence involves assessing a company's existing IP, agreements, protections, and more. Our experience with the nuances of both IP and corporate particulars helps us address appropriate concerns and assess the way IP issues affect valuation.
Clearance and Infringement Opinions
Clearance and infringement opinions are valuable tools that allow businesses to move forward and market their products, as well as limit their risks and even their legal expenses. We look at what a client wants to do and assess where there may be infringement or use issues. We'll also go beyond that, for example, and look at other patentable matters that may not be the immediate focus of attention; there are many reasons to get a patent or other IP asset beyond making or selling a product. Some IP strategies help a client better exploit their technology. Others may serve as bargaining chips that help limit liability and expenses.
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