A strategic purchase or sale is often the best vehicle to enhance or monetize intellectual property. A sophisticated intermediary (with the required technical and legal background and experience) can identify portfolio drivers and prepare detailed offering materials that will attract the attention of serious buyers. Moreover, the transaction can be specifically tailored to address the unique objectives of the parties, providing a level of confidentiality, comfort, and security, that is not otherwise available if performed in-house or by other means.
At IAG, we are IP Transaction Specialists. We have the unique knowledge, experience, and imagination to structure strategic IP acquisitions and sales. Our team members are attorneys and technologists that have collectively prosecuted, litigated, and monetized patents for more than 30 years. In doing so, we have established and maintain long-term relationships with an extensive network of buyers and sellers who have entrusted us with specific IP rights requirements to address specific problems. In short, we know who is looking for what, when, and more importantly, why; and we bring that specialized knowledge and years of hands on experience to every transaction we are involved in.
Significantly, we source and qualify suitable transactions first, and assets second, not the other way around. This proven approach, which is unique to IAG, ensures that the value proposition is always realized. More importantly, it provides our clients the greatest return on investment in the shortest possible time.
We provide these services exclusively on a success fee basis, sharing the full risk and reward with the client from start to finish. Accordingly, our interests are always aligned. Lastly, we do the work – all the work – that is necessary to close the transaction. This latter point cannot be overstated. When it comes to creating, driving and closing strategic IP transactions, IAG just gets it done. It’s that simple, and it’s what distinguishes us in the marketplace.
At IAG, we work closely with our clients to create, manage, and drive the entire purchase or sale from beginning to end, including:
- Sourcing, confirming and grouping patents and patent families;
- Confirming valuation & pricing
- Identifying and resolving all title, license and encumbrance issues;
- Preparing, reviewing, and distributing targeted marketing programs and materials;
- Negotiating relevant terms, including the nature, scope and extent of patents being purchased or sold, grant-back licenses, limitations, and sublicense rights;
- Vetting the applicability of taxes and treaties
- Structuring closing, including retaining, funding, and managing escrow agents and accounts, where applicable; and
- Assisting the parties in all post closing activity.
A brief overview of terms common to all Strategic Acquisition & Divestiture Programs is provided below:
- The client retains full title to all patents until closing;
- The client has the sole and exclusive right to make, accept or reject any offer, at any time;
- The client has the sole and exclusive discretion to require, accept or reject any purchase terms;
- The patent owner will always retain a fully paid up, worldwide, license under any and all patents divested;
- The client has the sole and exclusive discretion how, when, and if, to request or share license or encumbrance information;
- The client has the sole and exclusive discretion regarding the nature and extent of any warranties or representations provided in any purchase or sale agreement;
- Client licensing and cross-licensing programs will not be compromised in any way;
- Client divestitures of business lines, divisions, subsidiaries, etc. will not be compromised in any way;
- The client may terminate any acquisition or divestiture program at any time for any reason;
- IAG is engaged exclusively on a “Success Fee” basis. No fee is due IAG unless and until there is a purchase or sale of the involved assets and payment is actually made or received;
When it comes to strategic IP acquisitions and divestitures, especially large or sensitive patent portfolios involving complex claims and technologies, our clients require more than can be provided in-house or online. They require the confidentiality, comfort, and security of a private sale. They require extensive real world experience and specialized knowledge. They require IAG.
Please contact us for more information on how we can create and implement a successful strategic acquisition and/or divestiture program that addresses your unique needs.