Patent Litigation Results in Forced Acquisition

Sold to competitor for 1/3 of value. $100M loss to investors.

The Situation

  • An award-winning hardware company had never analyzed its intangible asset risk or developed intangible asset risk mitigation strategy
  • VC firms invested in the Company, but without undertaking intangible asset due diligence
  • Law firm signed off a supply agreement for the company, which indemnified a Fortune 100 customer for IP infringement

The Client

$100M+ Electronics Company

Outcome

  • Offshore competitor sued customer, who called on indemnity.
  • Competitor “we will sue you out of existence or acquire you.”

Result

Sold to competitor for 1/3 of value. $100M loss to investors.

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