Benjamin Merkel, Partner, BodenseePatentBenjamin Merkel, Partner
The mergers and acquisitions (M&A) consulting market is undergoing rapid evolution, with M&A consultants collaborating with companies to identify potential targets, negotiate deals, and ensure a seamless transition posttransaction. While concerns about determining a fair price for a deal are typically addressed with due diligence, the post-transaction phase presents a significant challenge. Companies must possess a clear vision for the integration of two organizations and address every aspect, from culture to operations. Following the transaction's completion, they must align the acquired intellectual property with their overall strategy, objectives, and goals.

This is where BodenseePatent comes in to defend, prosecute and also manage intellectual property rights. The law firm has extensive experience across all facets of the field, and takes pride in helping clients protect their valuable assets. Its team consists of patent attorneys, lawyers, and paralegals who work together to ensure clients receive the required legal expertise and service.

“When conducting a due diligence process, it is necessary to evaluate any acquisition from two perspectives. First, while the transaction is taking place; and second, after the transaction. It is important to reorganize the processes in a way that they fit the goals and desires of the acquiring company,” says Benjamin Merkel, partner at BodenseePatent. This is where he sees the firm’s strength as an organization and calls it its unique selling point.

The BodenseePatent team possesses the expertise to support clients with tax considerations relevant to the transaction and due diligence procedures. Even after the finalization of a transaction, the consultants remain on hand to provide specialized advice if necessary. They stay involved and become an active part of the transaction process for partners long after onboarding is complete.

The firm recognizes the importance of having sufficient legal support during a portfolio purchase. From evaluating assets, assisting in effective contractual setup to transferring to intellectual property rights, it provides specialized services that help companies make the transition easier.

There are instances where a portfolio evaluation may require further analysis. Acquiring companies might request an assessment of specific patents or patent families concerning their core values and value-addition potential. In these cases, BodenseePatent offers highlighted analysis services to identify potential strengths and risks that need to be considered when determining the portfolio’s true value. This is also crucial in calculating any necessary discounts while appraising the significance of patents, rights, or other associated landmarks.

When it comes to smaller portfolios, carefully investigating the patent or trademark and conducting thorough research is vital. BodenseePatent helps businesses identify existing risks when acquiring startups or spinoff companies through record inspection and detailed assessments.

It is important to reorganize the processes in such a way that they fit the goals and desires of the acquiring company

Organizations also face challenges in changing ownership structure and transferring rights. Implementing these changes requires skill and expertise, particularly when taking advantage of tax schemes for the acquiring party. BodenseePatent specializes in understanding this system and is an expert in putting intellectual property rights into context. The team understands the advice tax lawyers provide and balances it with its knowledge to create an advantageous end goal for clients, setting it apart from other IP law firms.

After a successful transaction or acquisition, it is essential to stay on board and properly manage the newly transferred rights. BodenseePatent's approach is to organize, from the beginning of the transaction, a process that optimizes the number of involved decisionmakers and simplifies the structure of decision-making. This ensures an efficient process with minimal effort and maximum result.