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Course Details

This CLE webinar will guide patent counsel on the key considerations for evaluating and acquiring patent portfolios. The panel will provide insight into strategic considerations and transaction structures as well as the key issues to consider when conducting patent portfolio due diligence. The panel will offer best practices for drafting the provisions of a patent purchase agreement.

Faculty

Description

There are several reasons that may prompt companies to consider acquiring a patent portfolio, including improving innovation or preventing future litigation. As companies recognize the value of patents and their strategic importance, such acquisitions have become increasingly common.

As with other acquisitions, due diligence is critical in a patent portfolio acquisition. The diligence will focus on ownership issues, maintenance status, abandoned patents, current applications, licenses in place, and whether there are any obligations to standards bodies, among other things.

Several key provisions should be included in the acquisition agreement, including transfer provisions, reps and warranties, indemnification, and dispute resolution provisions. Patent buyers should also consider the Supreme Court's ruling in Hologic (2021), which may warrant some additional contractual protections.

Listen as our authoritative panel of patent attorneys examines key considerations for evaluating and acquiring patent portfolios. The panel will provide insight into strategic considerations and transaction structures. The panel will also discuss the key issues to consider when conducting patent portfolio due diligence and offer best practices for drafting the provisions of a patent purchase agreement.

Outline

  1. Key considerations when evaluating patent portfolios for acquisition
  2. Strategic considerations
  3. Transaction structures
  4. Patent portfolio due diligence
  5. Best practices for drafting purchase agreement provisions

Benefits

The panel will review these and other vital issues:

  • What strategic considerations drive a patent portfolio acquisition?
  • During due diligence, what should be included in the scope and status of the patent portfolio?