Topic: Intellectual property

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Registering and discharging intellectual property security interests

Intellectual property often forms an important part of a target’s assets, especially for start-ups and high-tech companies. It is important for both the purchaser and the vendor to understand the security registration and discharge process in intellectual property assets. Registration Pursuant to the provincial Personal Property Security Acts, Intellectual property is considered a type of … Continue reading

IP representations and warranties in tech M&A

When negotiating an M&A deal involving a technology company, parties need to pay particular importance to the representations and warranties regarding the target company’s intellectual property (IP). In a recent Forbes article, “18 Key Issues in Negotiating Merger and Acquisition Agreements for Technology Companies”, Richard Harroch addressed some of the standard issues that come with every … Continue reading

Protecting trade secrets in M&A

Trade secrets and confidential information are a cornerstone to most successful intellectual property strategies.  Trade secrets provide important competitive advantages that augment the profitability and value of a business.  The importance and value of trade secrets have been recently confirmed by substantial damage awards, broad enforcement and the introduction of specific legislative protection in the … Continue reading

Private equity trends towards specialization

Competition has increased in the private equity (PE) market. In the US, PE firms paid a 31% premium for acquisitions in 2016, an eight-year high according to Bloomberg data. There are a growing number of market participants chasing after ever scarcer quality businesses thereby causing price appreciation of businesses. In addition, the availability of low … Continue reading

Intellectual property considerations in M&A

The acquisition of a business, whether via the purchase of either its shares or its assets, often involves the transfer of intellectual property. Generally, in the former scenario, the transfer of IP is by operation of law, whereas in the latter case, the specific intellectual property rights subject to the transfer are specifically detailed, usually … Continue reading

IP due diligence: beyond the usual suspects

Conducting a due diligence review of intellectual property (IP) matters as part of a merger or acquisition has become commonplace with the growing importance of commercial IP.  While most lawyers are aware of a general need to protect the more popular forms of intellectual property (patents, copyrights and trademarks) in the course of a transaction, … Continue reading

The hazards of intellectual property issues in employment agreements

  This blog post was co-written with Brian Chau, an Associate in Norton Rose Fulbright’s Toronto office.   Businesses of all sizes are increasingly becoming aware of the strategic and commercial value of intellectual property (IP). Startups which are just getting off their feet; scaling businesses which are growing in both revenue and size; and … Continue reading

Business-related patents

This post was contributed by Matthew Marquardt, Partner, Norton Rose Canada LLP and Laura Johnson, Associate, Norton Rose Canada LLP “Business method” patents remain a hot topic in business and legal circles, yet are still too often overlooked – particularly in contexts such as M&A. As recently as 2011, the Federal Court of Appeal in … Continue reading

Apple’s legal win could lead to increased smartphone M&A

This post was contributed by Christopher N. Hunter, Partner, Norton Rose Canada A jury ruling in Apple’s favour over Samsung in the US District Court earlier this week could have a chilling effect on rivals, leaving them scrambling for alternatives to common touch-screen gestures used in many smartphones today. The awarded $1.05 billion has affected Samsung’s stock … Continue reading

Acquiring patent portfolios of failed or failing technology companies

This post was contributed by Mark Sajewycz, Partner, Norton Rose Canada LLP The market has recently begun to better appreciate the value of patents, particularly after Rockstar Bidco, LP, a consortium comprising tech giants Apple, Microsoft, RIM, EMCand Ericsson, acquired Nortel’s patents for the staggering sum of $4.5 billion. Recent innovations in the computer and … Continue reading
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