IP Due Diligence

Whether driven by the benefits of consolidation, as seen in the healthcare sector, or growth through acquisition, as in telecom, overarching trends point to a notable and ongoing uptick in M&A activity.

Merchant & Gould has been assisting its clients through every phase of merger and acquisition transactions for more than 100 years. From external investigations of potential targets and internal audits to prepare a company for an acquisition, our firm is often involved even before the deal is known to both parties. With our clients having been involved in over $40 billion worth of transactions since 2011, our firm knows what to look for and what to deal with prior to an acquisition.

Whether driven by the benefits of consolidation, as seen in the healthcare sector, or growth through acquisition as in telecom, overarching trends point to a notable and ongoing uptick in M&A activity.

In any merger or acquisition, a thorough understanding of IP assets – including patents – should be the foundation of any strategic business deal. Regardless of whether you are the acquiring party or the target, you need an IP team that understands more than how to find a publicly recorded assignment. You need a team that can identify both the strengths and the weaknesses before signing on the line. You need a team that will make sure there are no surprises.

Our Team

The IP Due Diligence and Audit team at Merchant & Gould offers a depth and breadth of experience that provides its clients with peace of mind in both known and unknown terrain. Our attorneys have the experience and expertise to support acquisitions of any size and in any technology area. With over 25 attorneys in our Due Diligence and Audit group, with support from any attorney or technical specialist as needed, our team has seen just about everything when it comes to mergers and acquisitions.

Timing Is Critical

During an acquisition, time is of the essence and Merchant & Gould’s expertise and deep technical and legal knowledge are invaluable for getting the transaction done on time. Furthermore, our team’s understanding of the underlying business context and issues means the IP due diligence supports the client’s business goals.

Whether a simple project to confirm the assets in a purchase agreement or a more complicated assessment of all the IP issues associated with a reverse or forward merger, our firm has earned a reputation as having a premier team of lawyers specializing solely in matters of intellectual property. Our trial lawyers prosecute and defend trademarks, patents, and copyrights on behalf of clients from virtually every industry including software, biotechnology, heavy equipment, semiconductor, nanotechnology, and computer technology.


We often partner with other law firms who need the deep expertise in intellectual property issues essential for complex mergers and acquisitions to better serve their clients. We believe that collaboration is critically important and getting the right people at the table will ensure a more successful transaction.

Our Clients

Our clients are market leaders in various industries including software, electrical, chemical, internet, medical equipment, pharmaceutical, automotive, consumer products, food science, and shooting sports, among others.