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Intellectual Property in M&A Transactions

BY John A. Lingl
May 28, 2012

Recently, intellectual property (IP) has become recognized as the most valuable bargaining chip in today's information-based economy. For companies that rely on innovation, intellectual property assets increasingly drive mergers and acquisitions. Ironically, however, the strategic value of certain IP assets can be overlooked in transactions driven by other considerations. To best protect their companies' interests, corporate counsel should be aware of the IP implications of every M&A transaction, and should adopt a formal approach to identifying those assets and performing IP due diligence.

Online Assets

Corporations and Wall Street now appreciate the value of inventions and discoveries and their implementation. Both revenue and profits are increasingly dependent on not only the familiar intangible assets such as patents, copyright, trademarks, know-how and trade secrets, but also newer forms. These include branded Facebook pages, Internet domain names, even the multidimensional microchip layouts known as “mask works.” These and other forms of IP comprise a substantial part of company assets and market valuation.

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