Intellectual Property and Information Technology Due Diligence in Mergers and Acquisitions
Author: Martin B. Robins
Publisher:
Published: 2014
Total Pages: 37
ISBN-13:
DOWNLOAD EBOOKThis paper addresses both theoretical and practical considerations impacting the conduct of intellectual property (IP) and information technology (IT) due diligence in the context of merger/acquisition transactions. Both the author's own experiences in practice, and major authorities are used to develop not only quot;nuts and boltsquot; guidance to practitioners and executives dealing with pending or proposed matters, but also a normative analysis intended to assist judges and commentators with the shaping of standards used in adjudication and possibly, legislation. The discussion of authorities emphasizes recent developments such as the U.S. Supreme Court's decisions in Grokster and KSR and the pending Viacom v. YouTube suit under the DMCA, and touches upon the Bilski case which was decided by the U.S. Federal Circuit as the paper went to press. The discussion also focuses upon evaluation of recently-introduced business practices such as interactive websites inviting public comments, business method patents and commercial use of digital entertainment technology.