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. 


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


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

July 16, 2012

Appealing Alternatives to Traditional Patent Prosecution: Part Two

An article by Wayne Kennard appearing on CorporateCounsel.com.

July 11, 2012

Appealing Alternatives to Traditional Patent Prosecution: Part One

An article by Wayne Kennard appearing on CorporateCounsel.com.

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

July 23, 2010

WilmerHale Ranks Among Vault's Top 20 Law Firms in the Nation for Sixth Consecutive Year