In a Managing Intellectual Property article, IP litigation partner Kevin Post discussed IP implications in fast-moving private equity transactions involving due diligence into IP rights, patent portfolio analysis and shorter investment horizon considerations.
Kevin explains that in a traditional acquisition the buyer might plan to own the target company for a long time or indefinitely. Private equity sponsors tend to have shorter investment horizons, so a three-year litigation may not be as much of a complication. He notes that it is also helpful to provide private equity clients with a broad sense of how high IP damages might be in the event of litigation.
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