Our attorneys take a business approach to all our intellectual property transactional matters, considering the full business context and recognizing our client’s IP within the wider business market. We counsel our clients legally as well as practically, seeking to maximize our clients’ objectives while protecting their legal rights.

Licensing & IP Agreements:

OCFB is highly experienced in all types of agreements and licenses involving intellectual property rights, whether patent, copyright, trademark, or trade secret.

This includes the drafting, review, and negotiation of intellectual property licenses, development agreements, technology transfers, and joint venture agreements. Other types of IP agreements include: works for hire agreements, permissions and releases, assignment or transfers of copyright or other IP for an artistic work, and agreements for the rights of privacy or publicity.

Regardless of the type of transaction and specific intellectual property rights involved, we work closely with clients to evaluate and balance the business and legal considerations of each license or agreement. This includes weighing the relative risks of the parties involved, and addressing other issues that may impact the intellectual property, including the wider regulatory environment, corporate and tax issues, data and privacy concerns, warranties, among others.

Opinions & Portfolio Evaluations:

OCFB has extensive experience providing evaluations, legal opinions, financial valuations, and due diligence regarding intellectual property rights and assets in the context of a company’s plans to develop a product or before an intended corporate merger or acquisition.

Among OCFB’s services in this area are:

• Reviewing inventions, designs and products for patentability and potential infringement.
• Providing counsel on patent portfolio strategy and management.
• Preparing opinions regarding patentability and patent infringement, invalidity and enforceability issues, freedom-to-operate opinions.
• Identifying alternative product designs to reduce the risk of a competitor’s claim of patent infringement.
• Managing domestic and international patent portfolios, including acting as U.S. representative for many foreign priority applications.
• Providing due diligence counsel on patent-related aspects of mergers and acquisitions, including due diligence.