Topic: Intellectual property

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Navigating the Due Diligence Process for Artificial Intelligence Transactions

By Nareesa Nathoo on August 3, 2022 Posted in Intellectual property

In recent years, an increasing number of companies have started to employ artificial intelligence (“AI”) technologies in the development of their products and in their day-to-day business. This shift to utilizing AI can be very advantageous given its far-reaching potential impact; however, with fast-paced growth comes complex questions, novel issues and increased uncertainty. Accordingly, in … Continue reading

Goodwill Hunting: The Value, Protections and Role of Intangible Assets in M&A Transactions

By Jamie Parker on December 1, 2020 Posted in Intellectual property, M&A, Technology and innovation

We have previously discussed goodwill as a distinct asset in purchase agreements. In this post, we explore the growing value of goodwill and other intangible assets in mergers and acquisitions (M&A) and the legal issues parties should consider when seeking to value, protect and exploit these assets. Intangible assets are often the most significant portion … Continue reading

Registering and discharging intellectual property security interests

By Matthew Lippa (Toronto) on November 2, 2017 Posted in Intellectual property, M&A

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

By Troy Ungerman (Toronto) on September 28, 2017 Posted in Intellectual property, 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

By Mark Davis on September 13, 2017 Posted in Intellectual property, 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

By Troy Ungerman (Toronto) on June 15, 2017 Posted in Energy, Intellectual property, M&A, Pharmaceuticals and life sciences

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

By Troy Ungerman (Toronto) on July 9, 2015 Posted in Corporate finance, Intellectual property

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

By Brian Chau on December 4, 2014 Posted in Corporate finance, Intellectual property

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

Business-related patents

By guestauthor on January 11, 2013 Posted in Intellectual property, Technology and innovation

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

By Troy Ungerman (Toronto) on August 31, 2012 Posted in Intellectual property, Technology and innovation

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 price, and may limit its access to the coveted US marketplace. … Continue reading

Acquiring patent portfolios of failed or failing technology companies

By guestauthor on February 28, 2012 Posted in Intellectual property, Technology and innovation

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