IP Due Diligence

Intellectual Property    IP Due Diligence
 

Intellectual Property

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Related Industries


The value of many transactions depends significantly on the strength of a company’s intellectual property rights.  Covington’s intellectual property lawyers work closely with our corporate group on a wide range of mergers, acquisitions, and other transactions to help our clients evaluate intellectual property assets and potential liabilities, such as intellectual property infringement matters.  Based on this due diligence, we can help structure transactions to appropriately address material intellectual property matters.

In mergers, acquisitions and other technology transfers, Covington lawyers are continually involved in evaluating virtually every kind of intellectual property, including patents, copyrights, trademarks, trade secrets, domain names, data rights, and license rights.  By combining substantive expertise with our vast industry and regulatory knowledge in areas such as communications, biotechnology, pharmaceuticals, financial services, and computer technology, we identify and assess intellectual property issues that can materially affect the value of a proposed transaction. 

We recognize that the scope of an intellectual property due diligence should be tailored based on a variety of factors, including the overall value of the transaction, the importance of the technology, and the anticipated intellectual property-related risks.  We coordinate closely with our clients to structure due diligence to meet their needs efficiently.  Many of clients turn to us to manage the intellectual property that we identified and evaluated during the course of the due diligence.

Representative Matters

  • Representation of a venture capital firm in an investment in a company that specializes in certain "green" technology.
  • Representation of various companies investing in the pharmaceutical and health care industries involving a review intellectual property and other rights relating to patents, trade secrets, software, databases, including those containing personal health information.
  • For Bacardi, intellectual property due diligence for its $1.8 billion acquisition of Dewar's and Bombay brands from Diageo, the Tequila Cazadores, S.A. de C.V. business, and the Martini & Rossi brands.
  • For an orthopedic medical device company, due diligence in connection with its proposed initial public offering.
  • For an internet technology company, due diligence in connection with the patents, copyrights, trademarks and license rights of two of its acquired technology companies.

Accolades

  • The Best Lawyers in America - Three attorneys recognized for Intellectual Property Law (2007-2008).
  • Legal 500 US - IP - Non-Contentious/Transactional: IP in Complex Transactions (2007)
  • Legal 500 EMEA, 2006-2007, Intellectual Property (Belgium) - "Covington & Burling LLP 'provides a high-quality, cost-effective work product' according to one client. Regulatory concerns are ably dealt with through the firm's legislative experience, and the firm is a good choice for litigation, particularly in relation to electronic media" (2007).
  • Chambers USA's - America's Leading Business Lawyers - One attorney recognized for Intellectual Property (2006-2008).
  • International Who's Who of Business Lawyers - One attorney recognized for Patent (2005-2007).
  • PLC - Life Sciences, Which Lawyer? - One attorney recognized for Intellectual Property (2005-2008).
  • European Legal Experts - One attorney recognized for Intellectual Property (Brussels) (2006).
  • PLC Global Counsel 2006 - Global Counsel Magazine, “The Life Sciences Industry Super League” - ranked number one in the world, 23 Covington lawyers were recommended as leaders in their fields, including seven lawyers in Europe.
  • European Legal 500, Intellectual Property (Belgium) - “…Covington & Burling has a successful IP regulatory practice, the firm also undertakes high-end litigation in the Belgian courts” (2005).
  • Legal 500, Commercial Litigation (EU) - “Covington & Burling is ‘business-orientated and user-friendly.' The lawyers are ‘efficient and responsive.’ Areas of expertise include complex commercial contracts, IP, life sciences, product liability, wrongful denials of insurance coverage and environmental torts” (2005).
  • One of our Covington partners is a Fellow of the American College of Trial Lawyers and vice chair of the Complex Litigation Committee.
  • Another partner served as a United States District Court Judge for the District of Delaware for ten years presiding over 100 trials.
  • In 2005, Covington was awarded “Best Achievement in Protecting IP on the Internet” at the WORLDleaders European Awards.

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areister@cov.com
202.662.5141

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415.591.7052

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202.662.5248

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212.841.1039

ltiedrich@cov.com
202.662.5403