Intellectual Property

LehmanBush offers comprehensive intellectual property support including patents, trademarks and copyrights.

Our advice helps businesses worldwide protect and monetize their intellectual property and intangible assets more effectively. We offer clear, current and informed advice across a wide range of issues around IP pricing, tax and transactions. Our interdisciplinary team brings experience across industries and in all types of IP licensing, transactions, disputes and tax issues.

We provide management, strategy and licensing services for businesses to get more from their intellectual property. We help IP holders and licensees build, maintain and grow successful licensing organizations through IP monetization strategies, strategic use assessments, portfolio management, contract negotiations, holding companies, build vs. buy analysis and a wide range of other services.

We assist in all types of IP-focused transactions on the buy-side and sell-side. Combining expertise in transaction advisory, corporate finance and IP valuations, we help clients in IP-only deals and technology-centric business transactions. For acquisitions, disposals, restructurings and partnerships, our experts bring unparalleled experience to help maximize value. Our professionals are leaders in valuations of IP and intangible assets, including those related to marketing, customers, contracts and technology. We provide robust, credible valuations for transactions, pricing, strategy, financing and tax purposes. Our professionals offer valuation services, provide estimates of useful life, determine royalty amounts and calculate goodwill and intangible asset impairment.

LehmanBush approach to Intellectual Property includes development of strategies to capitalize on the many intangible assets created by our clients, from patents, copyrights, trademarks and trade secrets, as well as other assets including data, brand reputation, strategies, and customer and business relationships. Many technology businesses place strategic emphasis on having freedom to operate in new markets. This freedom gives them a platform for rapid expansion and product commercialization. However, this requires a strong awareness of competitor patent filing, as well as an understanding of IP litigation risks to confirm the balance between freedom and expenditure. At the same time, technologies companies have amassed huge portfolios as a result of significant investment in R&D. IP transactions has now become integral to portfolio management as a recognized way to unlock additional revenue for companies. IP assets drive a considerable amount of value for businesses, but are often not fully understood, managed or leveraged. How these IP assets are managed is critically important to a business’ ability to realize value from them. This requires a deep understanding of the IP portfolio, along with adequate approaches to IP protection, risk management and commercial exploitation.

Our advisory practice assists clients globally throughout the IP life cycle, help them develop comprehensive IP strategies, implement effective IP processes, build and strengthen their IP portfolios, seek operational efficiencies and assess, value and monetize their IP asset. We have a long history of helping clients to understand the commercial value of their IP and supporting them through strategic IP-centric transactions such as IP sales and acquisitions, licensing and technology transfers. We provide our clients with a deep understanding of their competitive IP positioning, potential innovation opportunities, as well as any potential risks and vulnerabilities associated with their IP portfolio. We explore the IP related to the client’s technology areas to gain an insight into the IP position and behavior of competitors. We also help clients to understand how they might leverage a strong IP position for competitive advantage and/or the threats they may face from competitors, their freedom to operate (FTO) position, and gain an insight into where ‘white spaces’ in the industry exists in order to guide their patent filing strategy.

We provide to you an IP strategy is part of a broader corporate blueprint ensuring your IP portfolio is in line with you against cost and position yourself within the market against your competitors. Having a clear plan of action for your intangible assets ensures each asset serves a direct purpose to your business and steers effective decision making and planning. The IP Scouting & Acquisitions service is aimed at identifying and evaluating third-party IP to be licensed-in or purchased. The acquisition or licensing of IP which aligns with and strengthens your product strategy will help you develop or improve your competitive advantage. It may be that you have concerns about patent assertion from a third party and want to acquire patents to counter-assert.

In other cases, it can help in remedying a gap in your existing IP portfolio. Our bespoke strategic patent acquisition service is tailored to your objectives and timescales. We have an unmatched track record to delivering results while addressing clients’ concerns, thanking to our decades of IP transaction knowledge and experience, highly skilled in-house analyst team and extensive deal network. We also help you identify the important value of the assets you own and what assets you are maintaining which may no longer serve a strategic purpose. By identifying assets that are no longer core to your business, you are able to reduce overall maintenance costs while improving the quality of your portfolio.

IP Advisory provides strategic and tactical support when a client is approached with an IP licensing demand, IP litigation threat or are already involved in a contentious action. For example, a competitor may demand a license fee for alleged past, current and/or future use of a patented technology. In exchange for the license fee, the company will secure freedom to operate with respect to such patents. IP Advisory provides objective data and an independent evaluation of the IP and financial risks you are facing. Clients are then better prepared to respond and decide whether to enter into a license and under what terms. IP Advisory provides a range of factual and objective arguments to support a negotiation strategy to be adopted as part of the client’s settlement discussions with a potential licensor. In situations that are already contentious, IP Advisory works alongside the disputes teams in Forensics to provide IP and technical subject matter expertise in support of defense advisory and expert witnessing engagements.

An IP value assessment is an assessment of the range of possible outcomes related to a technology or IP licensing or acquisition opportunity. This includes qualifying potential risks, as well as quantifying costs and benefits. Both are based on different scenarios designed to support the client’s decision making in terms of whether to enter into a commercial arrangement and under what terms. The outcome is objective views on the value indicators, robustness and market attractiveness of the IP portfolio or technology. Our IP advisory supports you through the entire IP sales, licensing & tech transfer process. By offering a deep understanding of the value and market relevance of intellectual assets, we help you strategically identify key assets to sell, who key buyers may be, and then we help you execute the transaction. Our experienced team is highly skilled in drawing out key market and IP considerations to influence valuation and take a pragmatic approach to support negotiations to achieve the best commercial outcome.