Freedom-to-Operate: More Than Just a Check

FTO is not just about avoiding infringement; it’s a critical business strategy. A formal FTO analysis can reveal competitive threats, expose blocking patents, and even uncover acquisition targets. Our attorneys tailor FTO assessments to specific markets, taking into account regional patent landscapes and enforcement environments. For Amazon sellers, this may also involve navigating platform-specific processes, such as the APEX program, to resolve disputes swiftly.

At Gallium Law, we don’t just check boxes. We offer engineering-informed guidance, reviewing product design and identifying practical ways to avoid infringing claims. This may involve reconfiguring features, rewording descriptions, or even filing patents to preempt competitor interference. If you’re filing new patents, check our breakdown of entity status for USPTO patent fees to optimize your cost structure.

Preparing for Investment: Seller-Side IP Audits

For companies seeking funding, IP due diligence is essential. Investors expect clarity on ownership, enforcement strategy, and competitive position. Gallium Law works with companies during seed, Series A, and later rounds to present a clean and defensible IP portfolio.

We map IP coverage to product functionality, verify inventorship and chain of title, and ensure filings are aligned with the company’s commercial goals. If gaps exist, we help clients strengthen their portfolios before investors uncover weaknesses. Our team is experienced in guiding companies through this process as part of our broader portfolio management services.

We also assess whether global enforcement strategies are in place, which is critical for companies with international exposure. Understanding the role of jurisdictions, treaties, and foreign filing rights helps avoid blind spots in the global IP landscape.

Acquisition Targets: Buyer-Side IP Investigations

When acquiring a business, the IP portfolio can either enhance or undermine the value of the deal. Gallium Law conducts in-depth buyer-side due diligence by comparing product features with claimed patent coverage, reviewing enforcement history, and evaluating patent strength. Our team pinpoints weaknesses that may require renegotiation or post-deal remediation.

This includes identifying overly narrow claims, abandoned applications, missed deadlines, or improperly transferred rights. When we detect these issues, we consult directly with seller counsel to propose viable solutions. Our approach combines legal precision with business practicality, helping buyers make informed choices. We also help buyers understand the overlap between patents and other rights, such as trademarks and copyrights.

Global Strategy and Cross-Border Considerations

IP due diligence often crosses borders. Gallium Law supports clients in evaluating foreign patent rights, understanding international classification standards, and coordinating multi-jurisdictional filings. We regularly advise clients on the implications of international trademark classes and jurisdiction-specific enforcement challenges.

We also help companies synchronize their international filing timelines with USPTO procedures and holidays. If you’re planning a filing, be sure to reference our calendar of USPTO holidays to avoid costly delays.

By incorporating international risk analysis into the due diligence process, clients gain a clearer picture of their rights and vulnerabilities in key markets. Whether you’re planning an IPO, licensing technology abroad, or entering a new foreign market, our due diligence strategies are built to scale.

Why Choose Gallium Law for IP Due Diligence?

Our team includes experienced patent and trademark attorneys, engineers, and former examiners who understand how to balance legal theory with real-world execution. At Gallium Law, we pride ourselves on offering business-focused IP guidance, tailored not just to the legal framework, but to your innovation, market, and goals.

Whether you’re a startup preparing for investment, a buyer exploring acquisition targets, or an established company seeking to defend or license your IP, our due diligence and opinion services provide the clarity you need to move forward strategically.

To learn how Gallium Law can assist with your specific IP due diligence needs, contact us today.