Patent Litigation | Due Diligence
Today, VCs, banks, and angel investors are seeking down-to-earth analyses and financial facts to minimize the risk of investing in you or your innovation. They demand an experienced, due diligence attorney. We take pride in offering start-ups and other entrepreneurial companies the experience, knowledge and energetic enthusiasm to assure documents, ownership, and inventor licenses are in order. We help you stand up to the due diligence of a Venture Capitalist or other investing company that is looking to seal a deal without issues, surprises, or obstacles.
We often perform IP Due Diligence for companies and investors that are interested in financing, acquiring or licensing a new technology. Larger companies that want to acquire a technology often contract with our IP firm to perform due diligence to make sure the company they’re considering does, in fact, own the technology. We investigate, review, analyze and point out any red flags or risks to the acquisition.
We can take legal “sides” in two entirely different ways for startups and other innovative clients. Acting as your due diligence attorney, we dig deep to make sure that the startup (you, perhaps) is not infringing upon an existing patent, which can lead to costly litigation and the potential end of your business venture. On the flip side, we can protect and represent start-ups whose patent may being infringed upon and in danger of being stolen. We will be the legal guardian of your idea, your investment and potentially your future. If necessary, we can and will litigate intelligently and aggressively on your behalf.
We Help Start-ups Avoid Litigation “On-Demand”
Our IP law firm literally sparks to your demands as quickly and thoroughly as possible. One way we respond is with regard to a “Demand Letter”. A Demand Letter is a formal letter from an attorney on behalf of a client, demanding payment or some other action from another party. With regard to patents, we are sometimes asked by startups or other clients to respond to a Demand Letter that claims an infringement has been made on a patent. The alleged patent trespassing may be because you are using or selling a specific kind of software technology, product, or system that the producer believes is patent-protected.
We are skilled in crafting excellent responses to these letters that help protect you from the costs of litigation. We also counsel clients about how to change use of the product or legally avoid infringement in other ways. We analyze the patent to recommend the steps you need to take to avoid any legal dispute. We can also protect you, your idea and your company with a Demand Letter that tells another party to stop infringing on your patent and we can initiate litigation on your behalf.
Patent Infringement Monetary Damages We Can Seek for You
As your patent litigation lawyer, we can seek many different forms of monetary damage if you have a claim of patent infringement. If you prevail, the minimum monetary damage available to you as a plaintiff is a “reasonable royalty” (35 U.S.C. § 284). Beyond that, we may be able to pursue a recovery of profits that you’ve lost as a result of the infringement. Our job is to consider and address multiple “Georgia-Pacific” factors established in a 1970 lawsuit. We will be happy to discuss more of what’s involved “on-demand” in your office or ours.