Common commercial contracting often involves intellectual property more than companies recognize.

From supply agreements, distribution agreements, development agreements, contractor agreements, to even basic form employee proprietary information and assignment agreements, JAB Law’s IP team helps ensure your IP remains yours and the IP you pay to have developed properly vests with your company.

JAB Law’s IP team drafts and negotiates agreements to help its clients monetize their own IP and expand their business opportunities by gaining access to the IP of others.

We have experience negotiating a myriad of licenses, ranging from complex cross-border licenses in the context of joint ventures and global collaborations, to patent and know-how licenses being granted by universities and research institutions, to commercial software licenses. We leverage our technical prowess, legal knowledge, and business acumen to efficiently negotiate agreements focused on achieving our clients’ business goals.

JAB Law represents both investors and buyers in conducting IP diligence on potential investment and acquisition targets. Our team leverages its experience in conducting hundreds of due diligence projects to properly tailor the scope of our investigation and analysis to our clients’ needs. We translate the learnings from the diligence process to ensure appropriate protections are negotiated into definitive deal documents and necessary remediations are effected after closing.

JAB Law’s IP team also assists targets in conducting reverse diligence to ensure they are prepared for what awaits them during an anticipated transaction. We advise on how to mitigate issues before they delay or derail a transaction. We also advise on how to best present a company’s IP position to potential investors or acquirers.

In addition to transactional matters, JAB Law’s IP team represents clients in the analysis of third party patents.

We conduct freedom-to-operate assessments for clients prior to product launches and create development guidelines for our clients so they structure their R&D efforts to avoid inadvertently infringing the patents of competitors and non-practicing entities. Creating such guidelines early in the R&D process can greatly reduce the occurrence of unforced errors that require costly re-designs further down in the development process.

We also have deep experience assessing third party patents for validity and infringement risk, providing opinions of counsel as appropriate, if our client becomes aware of a patent that might threaten its freedom to operate.