YUVAL MARCUS AND JORDAN GARNER WRITE ABOUT UNDERSTANDING IP LITIGATION RISKS IN M&A TRANSACTIONS AND INVESTMENTS

The value driving M&A transactions and investments in technology companies is usually dependent on ongoing sales by the target company of its products or services offered.  Intellectual property litigation against the target company, however, can result in the issuance of preliminary and/or permanent injunctive relief, which can interrupt the target company’s sales during the litigation or thereafter.  This article, “Understanding IP Litigation Risks in M&A Transactions and Investments,” published in CorporateLiveWire’s Intellectual Property 2022 Expert Guide, explains the key factors to take into consideration as part of IP diligence, when evaluating the likelihood of an adverse outcome in IP litigation against the target company.