In today’s competitive economic environment, it is more important than ever to evaluate whether the intellectual property assets involved in a business transaction justify the investment. Whether it is a complex merger of multinationals or a private equity investment in an emerging concern, intellectual property assets often drive the intrinsic value and inherent risk in a deal. We have the legal and technical experience to quickly identify, thoroughly assess, and effectively communicate those risks to enable our clients to make sound business decisions.
We have successfully conducted due diligence in numerous transactions involving a wide variety of technologies, industries and brands. From evaluating a complex patent portfolio to interpretation of trademark licenses, and from investigating inventorship to assessing ongoing patent disputes, whether in district court or the patent office, we have the legal and technical depth to meet your needs. We know that no deal is risk-free, and we offer pro-active solutions to help clients manage risk through deal structuring and creative drafting of transaction documents.
Our excellence in due diligence is clear from the recurring trust our clients have in us counseling them in some of the largest deals in the industry.
We understand that no two due diligence engagements are the same. That is why we begin each engagement with a frank discussion with our client to jointly fashion a specific approach that is both cost effective and appropriate in the context of the particular engagement.
The breadth of our due diligence practice is illustrated by a few examples of our work:
- We advised our client Valeant Pharmaceuticals on the patent issues related to their $11 billion acquisition of Salix Pharmaceuticals.
- We counseled our client Gilead Sciences, Inc. in its acquisition of Nimbus Apollo Inc. and its Acetyl-CoA Carboxylase (ACC) inhibitor program, a deal valued at $1.2 billion.
- We represented our client Gilead Sciences, Inc. in its $11 billion acquisition of Pharmasset Inc.’s anti-hepatitis C nucleotide, sofosbuvir, which is included in Gilead’s Sovaldi®, Harvoni® and Epclusa® products.
- We counseled our client Warner Chilcott on all intellectual property aspects of their $3.1 billion acquisition of Procter & Gamble Pharmaceuticals, including its prescription products ACTONEL®, ASACOL® and ENABLEX®.
- We advised major private equity companies in connection with their acquisitions of Tyco Plastics, Adhesives and Coated Products, GE Advanced Materials, and Realogy. Collectively, the transactions totaled approximately $13 billion.
- We represented Ripplewood Holdings in connection with its investment in Hostess Brands (formerly Interstate Bakeries Corp.), the largest wholesale baker in the United States, and owner of the iconic brands TWINKIES® and WONDER®.