IP and IT in Intellectual Property and Technology

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Intellectual Property and TechnologyIP and IT in Intellectual Property and Technology

IP and IT in corporate transactions means handling the intellectual property and technology side of your M&A, investments, and financings, where these assets often drive the value and hide the biggest risks.

In technology deals, the intellectual property and the systems are frequently the whole point, and they are also where surprises live. We bring the IP and IT side of M&A, investments, and financings under control, on either side of the table. With attorneys who came from software engineering, we can dig into the technical substance of what is being bought or sold, so the deal reflects what the assets actually are rather than what the data room claims.

IP Due Diligence

Before you sign, you need to know what IP the target really owns and whether it holds up. We examine patents, trademarks, copyrights, and trade secrets, checking ownership and chain of title, validity, enforceability, encumbrances, and third-party risks. We pay particular attention to the gaps that wreck deals, such as inventions assigned to the wrong entity, missing employee and contractor assignments, and open source obligations that quietly affect proprietary code.

Technology Due Diligence

The technology behind a target can carry as much risk as the IP. We review software ownership and licensing, IT infrastructure, vendor relationships, data practices, and security posture, and we read the code and architecture closely enough to tell what is owned, what is borrowed, and what is held together with tape. That technical depth turns vague diligence findings into concrete issues you can price into the deal or fix before closing.

Deal Structuring And Risk

How a deal is structured shapes how IP and technology move and who bears the risk. We advise on asset versus stock transactions, IP carve-outs and spin-offs, technology licensing between the parties, transition services, and post-closing integration. We also negotiate the representations, warranties, and indemnities that allocate IP and technology risk, so the issues diligence surfaces get addressed in the documents rather than left to fight about after the money has changed hands.

Post-Closing And Integration

The deal is not finished at closing; the assets have to actually transfer and the systems have to actually work together. We help record IP assignments, stand up transition services, and untangle shared technology and licenses so both sides can operate. Getting these mechanics right protects the value you negotiated for and keeps a clean deal from turning into a slow, expensive cleanup once the lawyers who structured it have moved on.

Frequently asked questions

A full review of the target's patents, trademarks, copyrights, trade secrets, and technology agreements. We check who actually owns each asset, whether it's valid and enforceable, whether anything is licensed or pledged away, and what third-party risks come along with it. In tech deals, this is often where the real value (and the real surprises) show up.

It changes a lot. In an asset deal, every piece of IP has to be specifically assigned, or it doesn't move. In a stock deal, the IP stays with the entity, but you may inherit successor liability. Structure also affects employee invention assignments and whether existing licenses can even be transferred.

Typical ones cover ownership of the IP, validity, non-infringement, the absence of pending claims, and compliance with relevant agreements. How broad they are depends on what diligence turned up and who has the leverage. Weak spots found in diligence usually get addressed through tighter reps, indemnities, or holdbacks.

When IP is carved out or retained, you need clear documentation: a license back to whoever needs it, transition services, and any ongoing access rights. Plan this carefully, because a carve-out that leaves the business without a tool it depends on can disrupt operations the day after closing.

Confirm that employees actually assigned their inventions to the company, check whether non-competes are enforceable in the relevant states, plan to retain the key people, and arrange for knowledge transfer. Missing invention assignments are a common problem, because they can mean the company doesn't fully own what it thinks it owns.

Yes. Serious IP issues can lower the price or end the deal entirely. The usual culprits are unclear ownership, undisclosed liens or licenses, and active litigation risk. Doing diligence early gives you time to fix these or walk away before you're too far in.

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