Private Equity · Patent Diligence

The Patent Analysis That Priced The Deal - Then Became The Value-Creation Plan

The Outcome

Price Adjustment

Driven before the deal closed - diligence that paid for itself many times over at the negotiating table.

Go-Forward IP Strategy

White-space filings, candidate trade secrets protected, and the portfolio positioned for the eventual exit.

01

The Situation

A PE firm was preparing to acquire a middle-market company in a crowded specialty services space. The target's pitch leaned hard on its global patent portfolio - but the space had several significant competitors, and nobody on the deal team could say whether that portfolio was a genuine moat, a pile of expensive paper, or a hidden liability.

Get it wrong in one direction, and you overpay for protection that isn't there. Get it wrong in the other, and you walk away from a mispriced asset. Either mistake costs more than the diligence ever would.

02

What We Did

Step 01

Stress-Tested The Target's Portfolio

We evaluated every patent on the indicia that actually predict value - claim scope, detectability, file history, specification strength - and segmented the portfolio by technology to show exactly what the company had exclusive rights to, and what it didn't.

Step 02

Mapped The Competitive Battlefield

Using patent data, internal metrics, and our analysis software, we built a taxonomy of the relevant patent space and assessed the portfolios of competitors, customers, and suppliers - flagging third-party patents that posed infringement risk, blocked expansion, or signaled disruptive technology on the horizon.

Step 03

Turned Diligence Into Strategy

After the close, the same landscape became the portfolio company's IP roadmap: white space for strategic filings, recommendations for future development, and candidate trade secrets worth protecting.

Same question, different portfolio? Thirty minutes is enough to find out.

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03

What Happened

The firm walked into final negotiations knowing precisely what the portfolio was worth - and what it wasn't. The analysis drove a meaningful price adjustment before the deal closed - diligence that paid for itself many times over at the negotiating table.

Post-close, the same work product became the portfolio company's go-forward IP strategy: a roadmap for filing into identified white space, protecting candidate trade secrets, and positioning the portfolio as a value driver for the eventual exit.

About the author

Karl Maersch is SVP of IP Services at Hilco Global, where he leads the Patent Advisory & Monetization practice. He previously ran IP litigation worldwide at Dow Chemical and served as Associate General Counsel at Eastman Kodak, where his teams generated $550M and $2.0B in IP revenue respectively.

The Cost Of Waiting

Thirty Minutes Is Enough To Know

Every deal that closes without real patent diligence prices the portfolio at zero - or worse, at whatever the seller claims. Thirty minutes is enough to tell you whether the IP in your next deal deserves a closer look.

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