High stakes mergers & acquisitions, joint ventures, and capital investment require savvy investors to both identify potential barriers to market entry (e.g. third party patents, government regulation), and the availability of barriers to the venture (patents, trademarks & copyright protection) against potential competition, to justify and protect a potential investment.
Our firm has experience in investor representation, in the representation of companies seeking investors and in the support of SEC counsel (e.g. preparation of Private Placement Memorandum). Our services include critical and objective analysis of a patent portfolio for the protection of a company’s products, and providing opinions evaluating the enforcement and/or validity of 3rd party patents, which can present potential litigation exposure to a new or existing product entry. Patent portfolio valuations can also be provided when comprehensive competitive marketing information is available.
Unfortunately, in the real world target company information may not be readily available and/or is “sugar coated” to emphasize the positive side of the business opportunity and minimize the real risks of achievement of the business goals. Where the market for a company’s products is sensitive to technology advances, the emphasis upon innovation, and conversely the lack of an aggressive intellectual property portfolio, is critical, to the achievement of the business’ goals. Moreover, the quality of the portfolio is often more important than the quantity of patents and trademarks owned by the company that is being promoted or reviewed.
Our firm provides a neutral, independent and critical focus upon the foregoing intellectual property aspects of the deal. Moreover, we can provide suggestions as to alternative means for creation of potential barriers to competitive encroachment (e.g. medical device registration, adoption of innovation as a “construction standard” or as a “quality standard”, etc.).
The value of working with an experienced attorney familiar with conducting such due diligence reviews is, thus, essential to success. Any acquisition or investment will be more successful if undertaken with an informed understanding of not only its intellectual property potential, and the alternative forms of protection available to a business, but also a realistic and critical assessment of their value. By working with a neutral third party, experienced in the real world view of these considerations, not only can the client gauge both the risks and rewards inherent in the deal, but also avoid the “hype” commonly associated with such unrealistic business acquisitions expectations.
It is also important to appreciate that once the deal is done, the continued involvement of intellectual property counsel is needed to oversee, advise and assist in the enhancement of the company’s intellectual property portfolio; and, in the exercise of continued vigilance in the monitoring of intellectual property developments of competitors.
Contact Faro & Associates today in Miami, Boca Raton and Naples for expert assistance in your business team’s review of business opportunities where technology, and the acquisition protection and enforcement thereof, can contribute to your company’s informed decision making processes.