In an earlier post, Patent Due Diligence in Mergers & Acquisition Transactions-Overview, we discussed the top level patent due diligence issues that should be considered by a multi-function Due Diligence Team in the acquisition of a "Target Company." We identified four major areas of patent due diligence:
- Ownership and Control of Target Company Intellectual Property
- The Structure of the Proposed Transaction
- Identify Strategic Value of the Target Company’s IP
- Target (and Acquiring) Company Exposure to Liability from Intellectual Property of Others
In the second article in this series, M&A Patent Due Diligence: Ownership and Control of Patent Assets, we dug into the details of due diligence relating to the ownership and control of intellectual property. In this current article we discuss the last three topics.