Davis Polk & Wardwell

Intellectual Property

Davis Polk's Intellectual Property Group helps our clients build and shape business-aligned intellectual property (IP) assets, and leverage those assets successfully in key business relationships and transactions.

We believe that high-quality intellectual property advice emerges only from a deep understanding of markets, technology and competition, as well as the nuances and fundamentals of intellectual property law. The lawyers in Davis Polk's IP Group characteristically have business experience in the technology sector, as well as advanced scientific training. In providing IP advice we draw not only on our legal expertise, but also on our backgrounds and experience in fields like management consulting and strategic planning—and on Davis Polk's comprehensive transactional expertise. Our IP lawyers routinely work on complex client matters as part of an integrated team with colleagues from our Global Technology Group and Litigation Department. Our advice is valued because we deliver insight and judgment regarding complex trends and tradeoffs.

Portfolio Strategy and Growth

Applying our understanding of markets, competition, technology and IP law, Davis Polk IP lawyers help our clients to identify, prioritize and protect their core value propositions with patents and other appropriate IP assets. We focus on building and shaping IP portfolios that strongly reflect and advance our clients' strategic business goals and relationships.

Transactions

Lawyers in our IP Group have extensive experience with mergers and acquisitions, spinoffs, license and distribution agreements, joint ventures, joint technology development agreements and strategic alliances for domestic and international clients in intellectual property-intensive industries, such as pharmaceuticals, biotechnology, semiconductors, computer hardware and software, electronics, telecommunications, automotive, media broadcasting and publishing. Davis Polk's IP lawyers carefully evaluate and assess the intellectual property rights and technology at issue in such transactions, and work closely with our corporate and tax lawyers to structure the transfer or license of IP rights as optimal for the business objectives of our clients. The firm has also undertaken many biotechnology research and development financings, as well as equity and debt securities offerings by technology companies.

Disputes and Counseling

We frequently advise clients in assessing and responding to IP threats, always with the goal of preserving freedom, avoiding risk and minimizing cost. Leveraging Davis Polk's extensive corporate and litigation expertise as needed, we are a valued partner to clients for whom the wisest course of action often includes a mix of countermeasures: transactional moves, patent portfolio leverage and claims or counterclaims across multiple disciplines (e.g., antitrust). We are highly skilled at conducting infringement and validity analyses (both defensive and offensive), as well as guiding design-around efforts.

Integration with Davis Polk's Broader Practices

Davis Polk's unique mix of capabilities—technology savvy, broad transactional and litigation expertise, and truly global resources—is especially meaningful to technology clients today as they look to adapt quickly to new challenges brought on by tighter capital markets, converging technologies and increased scrutiny of boards of directors.

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