Written by Mintz Levin attorney Karen Canaan and published in Intellectual Property Today, October, 2006, this article discusses the importance of allocating the time and money to obtain validity opinions on the intellectual property portfolio at issue and also to conduct intellectual property searches in order to ensure that no third party intellectual property exists that may jeopardize the business transaction and subject the acquiring company to potential infringement litigation. Intellectual property that must be analyzed includes patents, trademarks, copyrights, and trade secrets.
Karen is a Member in the firm's Palo Alto office and practices in the Intellectual Property Section. Her practice focuses on patent preparation and prosecution in the biotechnical, pharmaceutical, and chemical arts. As part of her practice, Karen prepares non-infringement, invalidity, patentability, and freedom-to-operate opinions as well as licensing agreements and analyses associated with new drug and generic drug applications for the Food and Drug Administration. Karen also manages the trademark portfolios for several clients.