Competitive Analysis & Due Diligence

Patent Due Diligence

We conduct patent analysis for our clients to support their efforts in a variety of transactions. Our Patent Analytics Technology aids our work in due diligence by allowing us to efficiently assess a number of factors that contribute to the value of a portfolio. Whether the portfolio under analysis is being purchased to bolster a patent position for a new product or is being acquired as part of an acquisition of a company, our assessments of the target portfolio provide the basis for our clients to make critical decisions around these transactions.

Some of the questions we address in patent due diligence include:

  • How does the target portfolio compare with your existing portfolio?
  • Does the target portfolio adequately cover the products of the acquired company?
  • What is the relevance of the target portfolio to your technology?
  • What are the crown jewel patents in the target portfolio?
  • What are the outliers of the target portfolio that have less relevance and value to you?
  • Are the patents high quality and cover commercially relevant technology?

Our Patent Analytics Technology extracts relevant information that we use to answer critical due diligence questions. With this information as a starting point, we conduct patent analysis based on our extensive legal experience.

Our Patent Analytics Technology provides us with fast and efficient access to the essential information; however, determining the quality of patents is of paramount importance to determining their value. Even if the claimed technology of the patent relates to a valuable market space, the patent is only worth the coverage afforded by the claims and the strength of its supporting disclosure. Our approach to portfolio due diligence is to provide substantive quality metrics meaningful to its value. For example, on patents of interest, we assess both claim breath and claim validity suitable for enforcement and licensing. With pending patent applications, the quality of the disclosure dictates the ability to obtain valid and enforceable claims. Even if the applications captured commercially valuable ideas and possess an early filing date, commercially valuable claims are not possible if the supporting disclosure is inadequate. Our Patent Analytics Technology is also used to uncover relevant prior art in support of patent validity assessments.

Patent Acqusition

Developing products in new technology spaces often requires a patent presence in those spaces. Without a patent position, revenues from new products are vulnerable to attacks from third-party patent claims. Sometimes an IP presence in a new area of technology is gained through patent acquisition. We assist clients to purchase patents available on the market. With support from our proprietary Patent Analytics Technology, we analyze potential patents of interest and identify the commercially valuable patents in the relevant space.

Competitive Analysis

Our proprietary Patent Analytics Technology is particularly well suited for conducting competitive analysis. By presenting our client’s patent portfolio alongside competitor patents, our Patent Analytics Technology creates a unique visualization of the patent landscape in a manner that allows for meaningful competitor analysis. Our technology allows for exploration of the patent landscape through use of an interactive interface. Specifically, by mapping both our client’s patents and their competitors’ patents onto multiple technology and product spaces, the technology aids in our client’s efforts to conduct a portfolio-by-portfolio comparison that reveals both strengths and weaknesses of their portfolio relative to their competitors’ portfolio. Using our interactive interface, our clients discover their own crown jewels most applicable to their competitors’ technology as well as identify competitor patents of interest to their products and technologies.

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