Interactive Case Study

Avoiding Missteps When Conducting IP Due Diligence in Connection with Distressed Companies and Distressed Assets

November 9, 2020 1:45pm

Rekha Hanu
Vice President, Associate General Counsel & Chief IP Counsel
Akorn Pharmaceuticals (Lake Forest, IL)

Yingying Zeng
Legal Director, Patent Attorney
Merck (Rahway, NJ)

The sale of IP assets during a bankruptcy can be a very lucrative transaction for both buyer and seller, however, for those who are unfamiliar with the complexities of the U.S. bankruptcy process, there are potential hazards involved in this type of deal. This interactive case study will walk you through a mock deal scenario and shed light on topics including:

  • Understanding what specific due diligence needs must be considered when engaging in the acquisition of IP assets from a distressed life sciences company
  • Addressing the different due diligence considerations involved when the distressed seller is seeking to reorganize versus liquidate
  • Gaining a full understanding of Bankruptcy Code Section 365(n) and the rights of a licensee under bankruptcy to continue the use of Intellectual Property
  • Assessing the increased complications that come into play when acquiring foreign IP assets from a bankrupt US company