IP Briefs: IP Due Diligence: Key to Success in M&A Transactions - Properly conducted IP due diligence provides a potential acquirer with information that is critical in assessing the value, price,

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IP Briefs: IP Due Diligence: Key to Success in M&A Transactions
Properly conducted IP due diligence provides a potential acquirer with information that is critical in assessing the value, price, or other key elements of the transaction


BioPharm International
Volume 20, Issue 3

CONCLUSION

The number and magnitude of recent M&A transactions indicate that another dynamic year could be in store for biotechs. IP due diligence is a key component in any merger and acquisition. The considerations outlined in this article—ownership issues, freedom to operate, scope, validity, enforcement, and transfer of rights to third parties—are areas to explore early in the parties' deal negotiations. Throughout the process, it is important to identify and resolve IP issues in a constructive manner, seeking to resolve issues early on, with minimum disruption to the overall transaction.

Sergio Garica is cochair of the life sciences group, and partner, corporate and intellectual property group, at Fenwick & West LLP, San Francisco, CA, 415.875.2366,


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