Skip to Content
Call Us Today! 719-417-8709
Due Diligence

IP Due Diligence Attorney California

Protecting IP Value In High Stakes Deals

When a transaction depends on intellectual property, unchecked IP risk can undermine everything you are working to achieve. Whether you are acquiring a technology company, investing in a growing business, or structuring a joint venture connected to California, the quality of the IP portfolio often drives valuation and deal terms.

At Martensen IP, we focus on intellectual property law and help businesses and investors assess IP assets before they commit. Our goal is to give you clear, decision ready insight into what the IP actually protects, how secure it is, and where the practical risks lie. We understand that your deal timeline cannot pause while IP questions linger.

Our attorneys bring decades of IP practice together with engineering and business training, so we can look past labels and dig into how patents, trademarks, copyrights, and trade secrets support real products and revenue. This foundation shapes how we approach IP due diligence and how we support clients navigating complex transactions tied to California.

Why IP Due Diligence Matters

If IP is central to a transaction, assumptions can be costly. Ownership gaps, missing assignments, or licenses that quietly limit future uses may not show up in a simple asset list. Issues like these can affect valuation, expected revenue, and even the buyer’s ability to operate the acquired business after closing.

In many California related deals, the target’s value rests on software, life sciences innovations, branded content, or data driven platforms. These companies often build quickly, relying on evolving teams of employees, contractors, and collaborators. Without careful review, it can be difficult to confirm that the company actually owns what it believes it owns, or that open source and third party content have been used on acceptable terms.

Buyers and investors typically face tight deadlines and must weigh IP concerns against many other deal priorities. Our role is to help you see IP clearly in that context. We work to identify the issues that truly matter, explain how they can affect the deal, and help your team decide whether to seek protections, adjust terms, or proceed with confidence.

Why Choose Martensen IP

When you engage an ip due diligence attorney California for a significant transaction, you want a team that understands both the law and the technology behind the assets. At Martensen IP, each of our attorneys has more than two decades of legal experience focused on intellectual property. We combine that experience with engineering and business qualifications that help us interpret complex technical disclosures and commercial structures.

Our founder, Michael Martensen, brings a background in military program management, business administration, and engineering. This mix encourages disciplined thinking about risk, systems, and long term program impact. It also informs how we evaluate IP in the context of real world operations, not just in isolation on a schedule of assets.

We are a dedicated IP firm and we work with clients on IP strategy, registration, enforcement, portfolio management, and commercialization. That means we see how patents, trademarks, copyrights, and trade secrets perform over time in the marketplace. During due diligence, we apply that experience to assess whether the IP under review is likely to support ongoing competitive advantage and potential licensing or technology transfer opportunities.

For clients involved in transactions that touch California, we bring a nationwide outlook with a clear view of how California based technology, life sciences, and creative businesses rely on intellectual property. Our advice is tailored, grounded in current legal developments and scientific innovations, and always aimed at supporting your business objectives in the transaction.

Our IP Due Diligence Approach

Effective IP due diligence is structured, but it should not be rigid. We begin by working with your deal team to understand the transaction, the role IP plays in it, and the constraints you are working under. An early scoping discussion helps define which IP assets are most important, what questions your stakeholders need answered, and how deep the review should go given timing and deal size.

From there, we organize the review around categories that typically influence deal decisions. This often includes ownership and chain of title, agreement and license terms, the scope and status of registrations, use of open source software, prior enforcement activity, and any identified disputes. For technology focused targets, we consider whether patents and trade secrets align with products and roadmaps. For brand or content driven deals, we look at trademark and copyright coverage along with usage practices.

We know that long memoranda can be difficult to absorb during intense negotiations. Our goal is to provide clear, prioritized findings that your business leaders and counsel can act on. We work to explain issues in straightforward terms, outline potential impact on the deal, and identify practical options for addressing concerns within the transaction structure.

Typical elements of our IP due diligence review include:

  • Ownership and assignment history for key IP assets
  • Scope, status, and remaining life of patents, trademarks, and copyrights
  • Licenses, collaborations, and other agreements that affect IP rights
  • Use of open source or third party materials in products and services
  • Existing disputes, claims, or enforcement actions involving the IP

Throughout the process, we coordinate closely with your internal and external deal advisers. We recognize that findings may need to be shared in stages and that priorities can shift as negotiations develop. Our role is to remain responsive and focused on the IP issues that most directly affect your path forward.

Serving Transactions Tied To California

Many of the most IP intensive businesses operate or have substantial activity in California. Software and platform companies, biotech ventures, and content driven enterprises often treat their IP portfolios as primary assets. In transactions with a California nexus, those portfolios can be central to valuation, future revenue, and competitive positioning.

These businesses commonly grow through rapid hiring, reliance on contractors, and collaborations with universities or other organizations. That growth pattern can create questions about who owns particular inventions, source code, data sets, or creative works. When we review IP for a transaction involving a California based company, we pay close attention to these ownership paths and how employment and contractor arrangements support or weaken the chain of title.

We also account for how California oriented commercial practices, such as approaches to equity, incentive plans, and early stage collaborations, can influence IP control. Our attorneys understand that a promising patent or trademark on paper must be viewed in light of the agreements and practices that surround it. We work to give you a clear picture of how well the IP portfolio is positioned to support your goals in this environment.

Because federal IP law applies across states, our nationwide experience supports consistent analysis, while our familiarity with California business culture and industry concentrations helps us focus the review where it matters most. The aim is always the same. We want you to see exactly how the IP supports the deal you are considering.

How We Work With Your Deal Team

Transactions move quickly, and IP analysis must fit into that pace. When we join a matter, we work with your in house counsel, outside corporate counsel, and business leaders to understand how IP due diligence will feed into larger work streams. Together we confirm communication channels, timelines, and decision points.

For some California related deals, a focused early assessment is needed to support a term sheet or initial investment decision. In others, a comprehensive review is appropriate closer to signing. We help you determine what level of review is suitable for the stage you are in, always keeping in mind the cost, timing, and relative importance of the IP to the transaction.

We emphasize communication that is direct and usable. Status updates highlight meaningful developments rather than every minor detail. When we deliver findings, we organize them so that your team can quickly see which issues may require attention in the purchase agreement, disclosure schedules, or post closing integration planning.

Confidentiality is a given in this work. We treat technical information, business plans, and transaction details with care, and we align our practices with your security requirements whenever possible. Our objective is to function as a trusted part of your transaction team, helping you evaluate IP risk without disrupting the progress of the deal.

Call (719) 417-8709 to discuss your upcoming transaction with our team.

Frequently Asked Questions

When should I involve an IP due diligence lawyer?

It often makes sense to involve us as soon as IP becomes a key driver of the transaction. Many clients reach out before or shortly after a letter of intent, so we can help shape requests, confirm priorities, and plan the review to support expected signing or closing dates.

How will your team tailor IP due diligence to my deal?

We tailor scope by looking at deal size, industry, the role of IP in valuation, and timing. After a scoping discussion, we focus our work on the assets and questions that matter most to your transaction. Our goal is to provide the level of review that best supports your decisions.

Can you handle complex technology in my transaction?

Yes, we regularly work with complex technologies. Our attorneys have engineering and business backgrounds, and we stay informed about scientific and technical developments. This helps us read technical materials effectively and discuss issues with your internal teams in a way that supports accurate and practical analysis.

How fast can you start an IP due diligence review?

We can often begin work quickly, depending on the size of the transaction, the availability of documents, and your preferred timeline. In our initial conversation, we discuss timing, access to information, and any fixed dates, then propose a plan that aligns our efforts with your schedule.

How do your findings impact deal terms and valuation?

Our findings are designed to inform negotiation and risk allocation. When we identify issues, we explain how they may affect control of key assets, expected revenue, or enforcement risk. Your deal team can then decide whether to seek protections, adjust terms, or plan for mitigation after closing.

Discuss Your IP Due Diligence Needs

When intellectual property is central to a transaction involving California, you need clarity before you commit. At Martensen IP, we work to provide that clarity through structured, thoughtful IP due diligence. Our attorneys bring decades of IP practice, technical training, and business insight to each engagement.

If you are evaluating a potential acquisition, investment, licensing deal, or joint venture, we invite you to talk with us about how we can support your deal team. We are prepared to help you understand the IP landscape so you can move forward with informed confidence.

Call (719) 417-8709 to discuss your upcoming transaction with our team.

    It is a real pleasure to work with such professionals.
    “Together we’ve filed for and been awarded several patents throughout the world, with Martensen taking on the vast majority of the preparation workload.”
    - Mik Farley, ICON Aircraft
    Keen ability to target and successfully capture IP concepts for further development.
    “Keen ability to target and successfully capture IP concepts for further development.”
    - David Bruemmer, 5D Robotics
    Extremely well-versed in IP law.
    “Navigated our patent applications from complex technology to award. Mike’s global associates helped inform and execute our global strategy.”
    - Julie Zinn, Spirae
    Equally comfortable engaging technical or business issues and framing them to fit the goals of the company.
    “Trusted counsel who distills complex technology and legal matters into simple terms.”
    - Richard Kinsman, TERSUS
    Mike has the experience and pragmatism to be an invaluable addition to your team.
    “Tremendously useful to get advice from someone who thinks beyond the pure legal calculus and works well with business people.”
    - Jay Jesse, Intelligent Software Solutions
    Martensen IP is an excellent Intellectual Property firm that has assisted on numerous occasions with a variety of topics.
    “Working with them is a pleasure and they are always on top of the various deadlines associated with our IP needs.”
    - Leif Ullman, CEO, KidReports
    Our international patent strategies need smart—and affordable—decisions.
    “We trust you to guide us through these challenging journeys.”
    - Steen Strand, ICON Aircraft
    Respected in courts which is key to any successful transaction.
    “AWESOME GROUP TO WORK WITH! Knows their stuff backward and forwards and doesn't lead you on.”
    - Eric S.
    He was so professional, so respectful, and full of valuable knowledge and wisdom. Wonderful.
    “Above and beyond with their kindness and willingness to speak to you about your situation even before setting up a consultation. This tells me that they have a heart to serve.”
    - Serenity P.

Contact Our Offices

Whether you have questions or you’re ready to get started, our legal team is ready to help. Complete our form below or call us at (719) 417-8709.

  • Click here to see our Acceptable Use Policy
  • We Maintain A Record of Success in Achieving Patent Coverage
    Every attorney has 20+ years of experience and has drafted and prosecuted hundreds of successful patent applications.
  • We Function At The Intersection Of Business, Law And Technology

    Our experience and knowledge converge at the intersection of intellectual property and government contracting. We are uniquely positioned not just as a provider of technical counsel, but also as part of business advisory teams.

  • We Provide Superior Legal Guidance and Value
    Experience in numerous business and engineering disciplines creates a knowledge base that makes it possible for our attorneys to assist clients in situations where IP legal advice only makes sense if placed within the context of a client’s complete business strategy.
  • We Develop Strategies to Enhance Competitive Advantage
    We come up with great IP strategies to enhance our client’s competitive advantage but recognize that the technology will change, the environment will change, the competition will change and so will our plan; we’re ready.
  • We Understand Technology & How To Protect Your IP
    Clients benefit from the collective background of our intellectual property attorneys, which includes scientific and engineering expertise, large law firm experience and prior contracting experience with the U.S. Department of Defense.