Due Diligence and Opinions INTELLECTUAL PROPERTY

Thorough and purposeful intellectual property-related due diligence is a critical part of public offerings, private placements, mergers and acquisitions, and spin-offs. We help companies, investment banks and venture capitalists achieve their business goals and protect their intellectual property rights—both externally and internally—by conducting landscape analyses of competitors’ patents, as well as clearance studies and patent portfolio audits. We provide opinions and advice in all areas of technology regarding patentability, infringement, validity and freedom to operate.

We regularly work with the firm's corporate lawyers on major equity and debt offerings, mergers, acquisitions and spin-offs, evaluating significant intellectual property issues ranging from patent protection for lead products and product candidates to the intellectual property positions of close competitors. 


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Cavanaugh, David L.

David L. Cavanaugh

Chair, Post-Grant Patent Proceedings Group

+1 202 663 6025 (t)


Superko, Colleen

Colleen Superko


+1 617 526 6564 (t)



We have worked closely with our colleagues in the firm’s corporate practice on transactions such as:

  • WebMD’s $160 million acquisition of VIPS
  • Idenix Pharmaceuticals’s $156.8 million IPO and private placement to Novartis
  • NitroMed's $61.34 million IPO
  • A $49.4 million follow-on offering for Lexicon Genetics
  • A $69.7 million follow-on offering for EPIX Medical
  • Predix Pharmaceuticals's merger with Physiome Sciences

We also worked with a number of clients to analyze their patent portfolios vis-a-vis their field of interest and the effect of targeted competitors' portfolios on their business, and completed freedom to operate analyses concerning a variety of products and technologies.

Publications & News


May 17, 2016

WilmerHale Attorneys and Practices Recognized in 2016 edition of IP Stars Handbook

The fourth edition of the IP Stars Handbook—a Managing IP guide that identifies the leading IP firms and lawyers in the world—has been released and it prominently ranks WilmerHale and 19 of its partners.

January 5, 2016

WilmerHale Named a Finalist in The American Lawyer's 2016 IP Litigation Department of the Year Contest

The American Lawyer has named WilmerHale as one of three finalists for 2016 Litigation Department of the Year in the Intellectual Property category. In its profile of the firm, The American Lawyer highlights WilmerHale's client commitment and its long-term strategic thinking, versatility and depth of first-chair trial talent.

January 3, 2014

Three WilmerHale Practices Named ‘Practice Group of the Year’ by Law360

On January 1, 2014, WilmerHale's Appellate, Intellectual Property and Life Sciences Practices were included in Law360's "Practice Group of the Year" series for 2013.

November 1, 2013

WilmerHale Among U.S. News – Best Lawyers® “Best Law Firms” and Again Named International Arbitration “Law Firm of the Year”

The 2014 edition of the U.S. News – Best Lawyers® “Best Law Firms” list names WilmerHale as “Law Firm of the Year” in International Arbitration—this is the second consecutive year that the firm has won this honor—and honors WilmerHale as a first-tier law firm in 27 national and 60 metro-area rankings.

August 31, 2012

The 2013 Best Lawyers in America® List Includes 101 WilmerHale Lawyers

July 24, 2012

WilmerHale Achieves Significant Victory for Client MediaTek in ITC Action

In a US International Trade Commission (ITC) action brought against client MediaTek Inc, Asia's largest fabless semiconductor company, a WilmerHale trial team secured a significant victory.

June 7, 2012

Chambers USA 2012 Final Results Announced

May 8, 2012

The National Law Journal Names WilmerHale to 2012 Intellectual Property Hot List

September 15, 2010

U.S. News Media Group and Best Lawyers Release Inaugural Best Law Firms Rankings

WilmerHale earns first-tier rankings for a dozen national practices.

August 12, 2010

90 WilmerHale Lawyers Named to The Best Lawyers in America® 2011

Best Lawyers is based on an exhaustive peer-review survey in which more than 39,000 leading attorneys cast almost 3.1 million votes on the legal abilities of lawyers in their practice areas.