IP Due Diligence

For start-ups and mature businesses alike, patents can be used to fuel growth, expand into new markets, and attract major investments. While a robust patent portfolio can detail a company’s inventions and business objectives, the scope of coverage the patent portfolio affords can be extremely complex and difficult to understand.
The attorneys at Brooks Kushman not only successfully prosecute and litigate our clients’ patents, but are equally adept at analyzing the strength and weaknesses of a patent portfolio and providing opinions as to how patents can be leveraged in the marketplace. Intellectual property due diligence is a critical component of monetization, mergers and acquisitions, negotiating purchase terms, and preparing exit strategies, public offerings, and private placements.
At Brooks Kushman, our attorneys work with venture capitalists, private equity firms, angel investors, and individual investors, helping them to evaluate the viability of patent portfolio assets, opportunities for strengthening the assets, and enabling them to make critical investment decisions and proceed accordingly.
Our attorneys and patent analysts provide intelligence and counsel on key considerations, including:
  • Infringement
  • Potential Invalidity Challenges Enforceability & Freedom to Operate
  • Due Diligence in Mergers, Acquisitions & Divestitures
  • Licensing & Joint Ventures
  • Open Source Software
  • Unsolvency & Damages
  • Strategic Portfolio Budgeting
Brooks Kushman’s attorneys possess unmatched technical and scientific training, business and industry know-how, and – unlike other firms claiming broad expertise across a number of practice areas – a singular focus on patents, trademarks, copyright, and intellectual property.

We Provide Perspective for Today and Tomorrow

Evaluating a patent portfolio requires exploration of various indicators, such as forward citations, patent family size, priority and expiration, oppositions and third party challenges during and after the application process, domestic and international market position, litigation history, and the quantity and quality of patent claims. Because these and other factors are prone to change, it may be necessary for companies to conduct periodic patent portfolio reviews over the long term to monitor shifts in strengths, gaps, investment, and risks to achieve the most value from the companies’ innovations.

  • Brooks Kushman Shareholder Kristin Murphy Named to Inforum inGAGE ™ Advisory Council
    Monday, April 21, 2014

    SOUTHFIELD, Mich. – Brooks Kushman, P.C. shareholder and attorney Kristin Murphy has been appointed to the Inforum Center for Leadership`s inGAGE ™Advisory Council. InGAGE ™ is Inforum`s strategy to position Michigan as the Midwest hub for high-growth women entrepreneurs. InGAGE ™ helps connect highly-skilled women with the innovation-based economy through innovation,...

  • Brooks Kushman Shareholder Kristin Murphy Named to Western New England University's Board of Trustees
    Monday, March 17, 2014

    SOUTHFIELD, Mich. – Brooks Kushman Shareholder, Kristin Murphy, has been appointed to the Board of Trustees for Western New England University (WNE) in Springfield, Mass. Murphy has also been appointed to Academic Affairs Committee for WNE. WNE`s Board of Trustees serves as the University`s main advisory council, establishing policies and procedures...

    • Brooks Kushman Shareholders to Speak at the ICLE Marijuana Law Conference
      Wednesday, September 11, 2019

      SOUTHFIELD, Mich. – The Institute of Continuing Legal Education (ICLE) is hosting their fourth annual Marijuana Law Conference. Presented by the Marijuana Law Section of the State Bar of Michigan, this conference is for both experienced and new law practitioners of marijuana law. Brooks Kushman shareholders Erin Bowles and Robyn Lederman will be...

      • IP Provisions Made Simple
        Wednesday, May 23, 2018

        In-house counsel sometimes feel intimidated by IP clauses, especially if they lack the background.  This Webcast will discusses and analyzes IP considerations that arise in common business transactions, including how to identify, address, and analyze key intellectual property issues in a transaction.  The Webcast reviews sample clauses to use, identifies...