Exit-Grade IP & Defensibility Assessment

Stress-testing the assumptions behind valuation, defensibility, and exit outcomes.

If an acquirer's diligence team spent 30 days stress-testing your defensibility narrative, what would they find? Would your valuation assumptions hold — or would you be negotiating concessions?

Most investors don't know. Most portfolio companies can't say with confidence. And by the time the question gets asked in a live process, it's too late to change the answer.

In 21 days, we identify where defensibility assumptions are strong, where they are fragile, where value is being created but not captured, and where targeted IP strategy could materially reduce risk or increase optionality.

Method Data Science

The Problem

Most technology companies are valued as if their defensibility, IP posture, and technical differentiation are proven. In reality, those assumptions are rarely stress-tested.

Traditional diligence focuses on financials, legal ownership, and operational metrics. It often misses whether product, technology, and IP strategy actually support the valuation story — until late-stage diligence, integration, or exit.

That gap creates:

"The pattern is consistent: defensibility assumptions go untested until an external event forces scrutiny. By then, remediation is reactive, leverage shifts to the other side, and value quietly erodes."

What This Assessment Does

The Exit-Grade IP & Defensibility Assessment evaluates whether the assumptions embedded in valuation and exit narratives are supported by evidence across product, technology, and IP posture.

In 21 days, we identify:

We Identify

  • Where defensibility assumptions are strong and supported
  • Where they are fragile, unproven, or dependent on undocumented knowledge
  • Where value is being created but not captured or protected
  • Where targeted IP strategy could materially reduce risk or increase optionality

This Is Not

  • Legal diligence
  • Patent prosecution or filing
  • A replacement for IP counsel
  • A code security audit
  • Implementation or execution work

This is a valuation-aligned stress test designed for capital allocators and boards — delivered before buyers or follow-on investors ask the hard questions.

How It Works

A structured, three-phase process delivered in 21 calendar days.

1

Valuation Assumption Stress Test

We identify the core assumptions underlying defensibility, differentiation, and exit narratives — and test whether they are supported by product, technology, and IP reality.

What gets examined:

  • Explicit and implicit defensibility claims embedded in valuation
  • Technical and operational evidence supporting those claims
  • Where assumptions rest on undocumented knowledge or unverified beliefs

Output: Valuation Dependency Map

2

IP Surface Area & Leakage Analysis

We map where value is being created across systems, workflows, data, and product evolution — and where that value is not being captured, protected, or reinforced.

This includes:

  • Latent IP that exists but isn't recognized or documented
  • Trade secrets lacking adequate protection or access controls
  • Design and workflow defensibility that could be formalized
  • Replication risk from competitors, former employees, or vendors
  • Competitive exposure from third-party dependencies

Output: IP Surface Area & Leakage Map

3

Defensibility Trajectory

We model how defensibility evolves over time if nothing changes — and how targeted IP and product alignment could materially alter that trajectory.

This analysis is directional, not prescriptive. The goal is to show where the company is headed and what levers exist to change course.

Output: Defensibility Trajectory Brief

Deliverables

All findings are framed in valuation language for board and investor consumption:

Exit-Grade Defensibility Summary

Board-ready PDF with key findings, prioritized risks, and strategic implications.

Valuation Dependency Map

Visual mapping of which defensibility assumptions are supported, fragile, or unverified.

IP Surface Area & Leakage Map

Where value is being created, where it's escaping, and where capture opportunities exist.

Replication Risk Assessment

How easily competitors, acquirers, or former employees could replicate core advantages.

Defensibility Trajectory Brief

Directional view of how defensibility strengthens or erodes under current vs. targeted action.

No legal opinions. No implementation. No scope creep. Deliverables are designed to travel forward — usable in future diligence, shareable with acquirers, and referenceable in board discussions.

Sample Artifact

A redacted example showing what a board-ready output actually looks like.

Valuation Dependency Map

This is one of the core deliverables from the Exit-Grade IP & Defensibility Assessment. It makes explicit which defensibility assumptions are doing the most work in the valuation narrative.

The example below is anonymized but representative of the structure and depth clients receive.

View printable sample →

Valuation Dependency Map (Redacted Sample)

Redacted example — structure and depth representative, content anonymized. This illustrates how valuation assumptions are stress-tested against product, technology, and IP evidence.

To make explicit which defensibility assumptions embedded in valuation are doing the most work — and whether they are supported by evidence, dependent on undocumented knowledge, or exposed to replication and erosion risk.

Core Valuation Assumptions
Assumption Where It Appears Why It Matters
Product differentiation is difficult to replicate Management deck, CIM Justifies revenue multiple premium
Data advantage compounds over time Exit narrative Supports long-term defensibility claims
Customer switching costs are high Board materials Assumes pricing power and retention
Technical know-how is institutionalized Diligence Q&A Reduces key-person risk
IP posture supports exclusivity Legal diligence Limits competitive entry
Evidence Stress Test
Assumption Evidence Status Notes
Product differentiation Partially supported Core workflow is differentiated; adjacent features are replicable
Data advantage Fragile Data aggregation exists but lacks formal protection or exclusivity
Switching costs Assumed, not proven No contractual lock-in; switching cost is operational, not structural
Institutionalized know-how High risk Critical logic resides with 1–2 individuals
IP posture Incomplete Multiple latent IP assets unrecognized and undocumented
Risk Classification
Assumption Risk Level Primary Risk Driver
Product differentiation Medium Competitors could copy non-core workflows
Data advantage High No trade secret controls; no contractual data exclusivity
Switching costs Medium Switching friction declines as market matures
Institutional knowledge High Key-person dependency
IP posture Medium–High Value created but not captured

Key insight: The valuation narrative assumes defensibility is structural. In reality, it is currently behavioral and organizational.

This does not imply the valuation is wrong. It implies the valuation is conditional.

Board-Level Implications
  • Certain valuation assumptions are time-sensitive
  • Risk is concentrated, not evenly distributed
  • Small, targeted interventions could materially improve defensibility posture before exit scrutiny
How This Is Used

Clients use this map to:

  • Prepare for buyer diligence questions
  • Align leadership on where defensibility actually comes from
  • Prioritize IP/product decisions before scrutiny begins
  • Support internal budget allocation discussions
  • Reduce surprise and negotiation leverage loss during exit

After a fit call, we can share additional redacted examples on request.

When This Is Most Valuable

This assessment is typically engaged at moments when assumptions become consequential:

Who This Is For

Primary buyers

  • Private Equity operating partners and value-creation teams
  • VC platform teams preparing portfolio companies for exit or follow-on
  • Family offices with direct operating involvement in technology holdings
  • Corporate development teams preparing for integration or divestiture

Not for

  • Early-stage founders pre–product-market fit
  • Individual investors without operating influence
  • Teams seeking execution, engineering, or legal work

What Makes This Different

"Law firms protect what is already known. This assessment reveals what is assumed — but not yet proven."

Engagement Details

Frequently Asked Questions

How is this different from traditional diligence?

Traditional diligence focuses on historical compliance and documentation. This assessment stress-tests whether product, technology, and IP actually support the valuation narrative — before buyers or investors ask the hard questions.

Do you replace legal counsel?

No. This assessment complements legal counsel by identifying where legal action is most needed and providing the evidence to prioritize it.

Do you file patents or draft legal opinions?

No. We identify and prioritize opportunities; execution is handled by counsel.

How much time is required from the company?

Typically a small number of structured interviews and system walkthroughs over the 21-day engagement.

How is confidentiality handled?

All engagements are conducted under NDA, with clear data handling boundaries defined upfront.

What happens after the assessment?

Clients use the deliverables to reduce diligence risk, strengthen defensibility narratives, align product and IP strategy, and protect valuation before scrutiny begins. Optional follow-on support is available by request.

Schedule a Fit Call

If you're evaluating a specific portfolio company, schedule a 15-minute call to confirm fit, timing, and scope.