MERGERS & AQUISITIONS

 

Analyzing patents prior, during, or after a merger or acquisition (M&A) is critically important for several strategic, legal, and financial reasons. Our team of subject matter experts has the technical, business, and licensing expertise to help your legal and business team maximize your understanding of the technical value of your purchase. Some of our considerations are listed below:

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1. Valuation of Intellectual Property (IP)

Patents can represent a significant portion of a company’s total value, especially in tech, pharma, or manufacturing. Understanding what patents are owned and their worth helps:

• Accurately assess the true value of the target company

• Determine how much of the deal price is justified by the IP

• Support negotiations over the purchase price
   

2. Validity

It’s crucial to verify:​

• That the patents are valid and enforceable

• Whether there are any ongoing disputes or litigation that could weaken or invalidate them

Any issues here could present risks that affect the deal or post-acquisition plans.

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3. Strategic Alignment

Analyzing patents helps determine:

• Whether the IP supports the strategic goals of the merger

• If the portfolio fills gaps in technology or strengthens the company’s market position

• How the combined patent portfolio will complement or conflict with existing IP

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4. Licensing & Revenue Opportunities

Well-managed patents can be monetized through:

• Licensing deals

• Cross-licensing to avoid litigation

• Blocking competitors from entering key markets

Analyzing the scope and enforceability of the patents reveals these opportunities.

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5. Integration Planning

Understanding the scope, jurisdictions, and lifespans of patents:

• Aids in integration planning

• Helps determine which patents to maintain, let lapse, or leverage

• Supports R&D, product development, and future innovation strategies

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6. Future Strategic Prosecution Opportunities

Pending patents can be incredibly valuable if they were positioned properly by the prior patent prosecution team. Our team has been involved in strategic protection with Fortune 100 companies for decades. We know how to technically position your new assets to make them as impactful as possible.

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Patent analysis in M&A isn’t just about checking a box — it’s essential for ensuring the deal is sound, the IP is usable and defensible, and the combined company has the freedom and tools to innovate and compete.