4 Steps to Prepare an IP Portfolio for Sale

From the Experts

, Corporate Counsel

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Transactions involving software companies may raise some unique intellectual property issues. Knowing these issues in advance is important to preventing a potential deal-stopper from emerging and delaying a closing—or preventing it altogether.

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What's being said

  • Entente Software

    Point #1 cannot be stressed enough. Because the use of open source (and even commercial) software is severely underreported, this content always becomes a surprise during M&A due diligence and can heavily impact the offering price (by multiples!). The best practice for any software company is to track your use of third-party software as soon it is included in your product (preferably at the time it is approved by Legal/Products). Not only will this help with asset portfolio sales, but it also improves the normal product release cycle by quickly identifying license requirements due upon distribution (copyright attributions, etc.) IPCompass (http://www.ententesoftware.com/Solutions.html) is a hosted solution that accomplishes this with ease, while providing a common tracking and approval repository throughout your organization.

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