Mergers And

Acquisitions

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Do you need a patent clearance opinion?

When a deal has to get done the last thing you need is to find out at the 11th hour that there is a potential, multi-million dollar patent infringement problem. It could be a financial disaster. To make sure that does not happen you need a “patent clearance opinion” from an experienced patent attorney. Such an opinion provides you with the assurance that the products or services offered by the entity being acquired do not infringe the rights of an owner of a valid U.S. patent. If your client is being acquired an opinion will help you negotiate a better deal by reducing potential financial “hold backs” due to perceived patent issues.

At CAPPAT® we have almost 25 years of patent law experience. Specifically, to help you get the deal done we offer:

  • Non-infringement patent clearance opinions (3 day turnaround time)
  • Invalidity patent clearance opinions (3 day turnaround time)
  • Patent audits to identify issued patents and pending patent applications held by your client or a potential, target acquisition
  • patent valuations to place a value on patents and pending applications your client holds or are held by a potential, target acquisition
  • a review of patent licenses entered into by your client or by a potential, target acquisition to assure “freedom of access” to key markets (3 day turnaround time)
  • Patent application preparation and communications with the US Patent & Trademark Office

Representative clients/deals:

$65 million pool lighting company
CAPPAT® provided a Florida client with a patent clearance opinion that was critical in reducing a multi-million dollar hold back, resulting in a higher up front purchase price for the client.

$25 million lamination/packaging company
CAPPAT® provided a multi-national company with a patent clearance opinion that was critical in the decision to complete the acquisition of a US company that had developed novel, credit card laminating processes.