How A Merger Or Acquisition Can Involve Key IP Issues

Intellectual property portfolios can be the driving force when a company looks to merge with, acquire or be acquired by another company. Mergers and acquisitions require parties to examine the entire IP portfolios for information that will inform their decisions.

Our attorneys at Christensen, Fonder, Dardi are ready to provide guidance to facilitate M&A transactions. We can meticulously review all factors that can impact intellectual property and its value. Whether you are selling or purchasing, you can rely on our reputation for effective IP counsel.

Maximizing The Value Of Your Portfolio For A Sale

Companies may sometimes possess a broader intellectual property portfolio than they realize. There could be forms of IP within your portfolio to identify beyond the obvious – as well as limitations and opportunities related to those forms.

To establish the greatest value for your business, we can help identify and highlight your intellectual property assets and the competitive advantages that they provide.

When you transfer IP assets, our attorneys can draft the agreements and facilitate the transfers. Because intellectual property is often a multifaceted part of business, professional insight can allow you to complete a fair and successful sale.

Assessing A Portfolio For Purchase And Assimilation

Our attorneys recognize the importance of conducting thorough due diligence for clients who are preparing for an acquisition or merger. With both experienced legal insight and sophisticated technological tools, we can review the full scope of the other party’s IP assets.

We can oversee the initial assessment as well as the transition period to:

• Identify all IP assets of both companies, including patents, trade secrets, registered and common law trademarks, licenses, internet domain names and more
• Confirm ownership of all IP assets to be included in the merger or acquisition
• Understand the dates of filings, registrations, upcoming deadlines and more
• Understand the history and development of each IP asset and relevant key aspects to monitor and manage
• Review the industry, geography, timelines and sequence of events in the pending merger or acquisition
• Ensure the transfer of each asset, as needed
• Realign protection and enforcement protocols for consistency and efficiency

There are often complex scenarios around a company’s intellectual property. Preexisting licensing agreements, third-party claims and other challenges may complicate the transaction. However, our experienced attorneys know how to address or negotiate around these challenges.

Let Us Begin The M&A Review

Do not risk leaving conflicts unresolved as you proceed through a merger and acquisition, regardless of the position of your company in that transaction. From law offices in Minnesota and Georgia, we assist clients nationwide. To schedule a consultation, call 612-315-4100 or email us through this website.