NDA & Confidentiality

Our Commitment to Confidentiality

LitigateIQ operates in an industry where confidentiality is paramount. Patent strategy, claim positions, licensing negotiations, and invalidity defenses can all be seriously undermined by disclosure. Our confidentiality framework reflects this reality:

• Default confidentiality: All information shared with us for the purpose of evaluating or conducting an engagement is treated as confidential from the moment of first disclosure. No signed NDA is required for initial consultations
• Compartmentalization: Client matter files are accessible only to the team members assigned to that engagement
• No cross-pollination: We do not reference, use, or disclose any client's information in connection with any other client's matter
• Conflict screening: We screen all new matters for conflicts of interest before accepting an engagement
• Secure infrastructure: All client data is stored on encrypted, access-controlled systems with audit logging

What Constitutes Confidential Information

Under our NDA and standard engagement terms, “Confidential Information” means all non-public information disclosed by either party in any form, including but not limited to:

• Patent applications (filed and unfiled), invention disclosures, and provisional filings
• Claim charts, evidence of use analyses, and mapping materials
• Licensing strategy, target licensees, royalty rate structures, and negotiation positions
• Litigation strategy, invalidity contentions, claim construction positions, and expert theories
• Portfolio valuation analyses, maintenance decisions, and monetization plans
• Technical product specifications, source code, schematics, and product roadmaps shared for EoU analysis
• Business plans, financial projections, and commercial strategies
• Identity of potential licensees, acquisition targets, or litigation adversaries
• Any information marked “Confidential,” “Proprietary,” or “Restricted,” or that a reasonable person would understand to be confidential given its nature and the circumstances of disclosure

Exclusions from Confidentiality

Information is not subject to confidentiality obligations under our NDA if the receiving party can demonstrate that it:

• Was already in the public domain at the time of disclosure through no fault of the receiving party
• Becomes part of the public domain after disclosure through no breach of this agreement
• Was lawfully known to the receiving party without restriction before disclosure, as evidenced by written records predating disclosure
• Was independently developed by the receiving party without reference to the confidential information, as evidenced by contemporaneous written records
• Is disclosed to the receiving party by a third party who is not under a confidentiality obligation to the disclosing party
• Is required to be disclosed by applicable law, regulation, or court order, provided that the receiving party gives prompt prior written notice to the disclosing party and cooperates with any effort to obtain a protective order

LitigateIQ's Obligations

As the receiving party, LitigateIQ agrees to:

• Use confidential information solely for the purpose of performing the agreed services and for no other purpose
• Protect confidential information using at least the same degree of care it uses to protect its own confidential information, but no less than reasonable care
• Not reproduce, copy, or extract confidential information except as strictly necessary for the engagement
• Limit disclosure within our organization to personnel with a need to know for purposes of the engagement, each of whom is bound by confidentiality obligations at least as protective as these
• Not disclose confidential information to any third party without prior written consent, except as permitted under Section 6
• Promptly notify you of any unauthorized disclosure or suspected breach of confidentiality upon becoming aware of it
• Maintain these obligations during the engagement and for a period of five (5) years thereafter for general confidential information, and indefinitely for trade secrets

Your Obligations (Mutual NDA)

Under a mutual NDA, you agree to reciprocal confidentiality obligations with respect to any LitigateIQ confidential information disclosed to you, including:

• Proprietary methodologies, analytical frameworks, and internal processes we share during the engagement
• Pricing structures, staffing models, and business strategies disclosed during commercial discussions
• Technical tools, software, and systems information disclosed for integration or collaboration purposes
• Personnel information and organizational details

You agree to maintain the same standard of care for our information as we maintain for yours.

Permitted Disclosures

We may disclose confidential information only in the following strictly limited circumstances:

• Sub-contractors and specialists: To vetted patent professionals, technical experts, or translators who are (a) necessary to perform the engagement, (b) bound by confidentiality obligations at least as protective as these, and (c) disclosed to you in advance with your written consent
• Legal counsel: To our legal advisors who are bound by professional confidentiality obligations
• Required by law: When compelled by applicable law, regulation, or valid legal process, and only after (where legally permissible) providing prompt written notice to allow you to seek a protective order

Duration of Confidentiality Obligations

Return and Destruction of Information

Upon completion or termination of an engagement, or upon written request:

• We will, at your election, either (a) return all confidential information in our possession, including all copies and extracts, or (b) certify in writing that all confidential information has been destroyed using secure deletion methods
• Destruction of electronic files follows NIST SP 800-88 guidelines for media sanitization
• We may retain one archival copy of work product delivered to you for legal compliance and professional record-keeping purposes, maintained under continuing confidentiality obligations
• Backup copies in disaster recovery systems are deleted within 90 days of a destruction request

No License Granted

Nothing in our NDA or engagement agreement grants either party any license, right, title, or interest in or to the other party's confidential information, intellectual property, or proprietary rights, by implication, estoppel, or otherwise. Disclosure of confidential information is made solely for the purposes of evaluating and performing the engagement.

Injunctive Relief

Both parties acknowledge that any breach of confidentiality obligations would cause irreparable harm for which monetary damages alone would be an inadequate remedy. Accordingly, in the event of an actual or threatened breach, the non-breaching party shall be entitled to seek immediate injunctive and other equitable relief from a court of competent jurisdiction, without the necessity of posting a bond or proving actual damages, and without prejudice to any other remedies available at law or in equity.

Mutual vs. One-Way NDA

We offer two NDA structures depending on the nature of your engagement:

• One-way (unilateral) NDA: You disclose confidential information to LitigateIQ; we are bound by confidentiality. Typical for initial patent review engagements where only client materials are shared.
• Mutual (bilateral) NDA: Both parties disclose confidential information to each other. Appropriate for strategic partnerships, co-development arrangements, or engagements where we share our proprietary methodologies or tools.

Both forms use the same substantive confidentiality standards. The only difference is the direction of disclosure obligations. We recommend a mutual NDA for any engagement where ongoing discussion of strategy is anticipated.

Governing Law

Our standard NDA template is drafted under internationally recognized principles to accommodate clients across jurisdictions. The governing law, venue, and dispute resolution mechanism for any specific NDA can be tailored to your jurisdiction and requirements. We routinely execute NDAs governed by the laws of the United States, United Kingdom, European Union member states, India, and other major IP jurisdictions.

Request a Signed NDA

We are happy to execute an NDA before any substantive discussion of your matter. You can either:

• Send us your standard NDA and we will review and return a signed copy within 24 hours
• Request our standard NDA template, which we can provide in minutes
• Book a 20-minute consultation. We treat all information disclosed in that call as confidential from the outset, with or without a signed NDA