In the world of emerging technology, entrepreneurs and early-stage companies aim for acquisition or IPO. One of the most valuable intangible assets for those companies to achieve successful exits is their intellectual property (IP). Before pursuing an exit, an emerging tech company should conduct thorough IP due diligence to evaluate the strength, value and risks of its IP assets.

IP due diligence uncovers opportunities and issues affecting a company’s right to operate without IP infringement and to enforce its IP claims against competitors, thereby protecting its technology and market share. Emerging tech companies should consider eight IP due diligence and evaluation steps to facilitate a successful exit.

Click here to read the full article, published by The Deal July 9, 2024. Subscription required.

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Photo of Emily Ladd-Kravitz Emily Ladd-Kravitz

Emily Ladd-Kravitz focuses her practice on complex corporate transactions and representation of private companies in all stages of their life cycle. She represents venture capital funds, private equity firms, other institutional investors and companies in connection with a wide variety of corporate and…

Emily Ladd-Kravitz focuses her practice on complex corporate transactions and representation of private companies in all stages of their life cycle. She represents venture capital funds, private equity firms, other institutional investors and companies in connection with a wide variety of corporate and transactional matters, including mergers and acquisitions, private placements, minority investments, venture capital financings and corporate governance matters. She also advises start-up and growth-stage companies in all industries, including technology, edtech, medical device, clean energy, sustainable solutions and life sciences.

Photo of Joshua I. Rudawitz Joshua I. Rudawitz

Joshua I. Rudawitz has more than ten years of multi-faceted strategic intellectual property law experience, including as a Primary Patent Examiner with the U.S. Patent and Trademark Office (USPTO) and counseling clients of all sizes with their intellectual property needs. Josh focuses his

Joshua I. Rudawitz has more than ten years of multi-faceted strategic intellectual property law experience, including as a Primary Patent Examiner with the U.S. Patent and Trademark Office (USPTO) and counseling clients of all sizes with their intellectual property needs. Josh focuses his practice on the preparation and prosecution of trademarks and patents in fields including medical instruments and devices; mechanical devices; consumer electronics; software and mobile applications; and business and commercial methods. His experience also includes turbine engines; printing devices; consumer mechanical pump technology, additive manufacturing, exoskeleton devices, firearm accessories, and electronic components.

In his role as a Primary Patent Examiner at the U.S. Patent and Trademark Office, Josh was responsible for examination of hundreds of domestic and international patent applications, including analysis and review of the proposed technology to the prior art for compliance with Title 35 of the U.S. Code and related Federal Rules through final disposition. He examined technologies including semiconductor handling robots and manufacturing configurations, automated mechanical parking facilities, automated storage and retrieval systems, vehicle hydraulic systems, waste collection vehicles, vehicle attached accessories, and hoists.

In addition to his experience at the USPTO, Josh has served as a clerk with the Patent Trial and Appeal Board (PTAB), as well as with the Office of the Solicitor at the USPTO.