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Patent Due Diligence: Strategic Patents & Acquired Liability in M&A

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.

M&A Patent Due Diligence: Ownership and Control of Patent Assets

In an earlier post we discussed the top level patent due diligence issues that should be considered in the acquisition of a “Target Company”.   We emphasized the importance of assembling a multi-function Due Diligence Team, including financial, marketing and technical experts in addition to legal experts, in order to achieve the goal of Identifying and Allocating the IP-Related Risks.

Written by Alex Butler

Patent Due Diligence in Mergers & Acquisition Transactions-Overview

Wall Street Journal recently reported on Federal Reserve data showing that at the end of September 2010 non-financial companies in the U.S. were sitting on $1.93 trillion in cash and other liquid assets representing 7.4% of the companies' total assets—the largest share since 1959.

Written by Alex Butler

M&A UPTURN: High-Quality IP Informs Strategic Investments & Acquisition Programs

As cash continues to accumulate on corporate balance sheets, pressures are rising to increase returns.  Given the correlation between high-quality IP holdings and successful exit from venture capital funds, learn how leading strategy practitioners, investors, and business development functions gain from including patent portfolio analytics in their tool-kit.

$7.7 billion update to Patent Perspectives Report

Intel (INTC) announced early on Thursday, August 19th, that is purchasing security firm McAfee (MFE) for $7.68 billion in a cash transaction.

This represents a 60% premium to McAfee's closing share price on August 18th and fundamentally changes the information security landscape.

Patent Strategy: Bolster Your Patent Position Prior to IPO

Last week peHUBwire reported on the biggest U.S. IPO of the year, digital whiteboard maker Smart Technologies Inc (SMT).  The Calgary, Alberta-based company sold 38.83 million shares for $17 each raising about $660.11 million.   Pre-IPO shareholders include funds associated with Apax Partners, chipmaker Intel Corp and IFF Holdings Inc.