acquisition

Is Micron's bid for Elpida the Deal of the Century?

Elpida Memory, Inc. (Elpida) filed for Chapter 15 protection from U.S. creditors in Delaware’s bankruptcy court on March 19, 2012, after it filed for company reorganization in the Tokyo District Court at the end of February. On July 2, 2012, Micron Technology, Inc. (Micron) announced a planned sponsorship agreement for $2.5 billion in order to purchase Elpida. An Ad Hoc group of Elpida bondholders filed a motion which objected to terms in the sponsorship agreement, stating that the agreement did not reflect the true value of Elpida.

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Domo Arigato, Amazon Roboto: Intellectual Property Analysis of Kiva Systems, Inc.

In its second-biggest acquisition, Amazon.com announced on March 19, 2012 that it would buy Kiva Systems for $775 million. Kiva started applying for patent protection a year before the company was founded (maybe Facebook should take note). If “proprietary” expectations in the form of patents were part of the premium paid by Amazon.com, the accounting for this acquisition will be interesting to see. Unfortunately, 75% of Kiva’s U.S. patents appear to be commercially impaired.

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Kodak: Is a picture really worth $3 billion? Intellectual Property Analysis of Kodak

Kodak, once an iconic name in photography, is now all but a fading Polaroid of its former legacy. Its digital imaging portfolio – ironically brushed aside by Kodak’s own management at the time – is being seen as the company’s saving grace. M•CAM suggests a Caveat Emptor: The over 1,000 patents involved in digital imaging should be seen through a quality and enforceability lens, so that the price of any transaction can be right-sized from the start.

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Intellectual Property Analysis of Google’s IBM Patent Acquisition

In April 2011, Google’s statement of its Nortel auction bid alluded to the latest buzzword of the tech industry: patent trolls. In the past year alone, almost forty Android-related lawsuits have been filed by entities that may be attempting to stifle or monetize on the success of the Android OS – a platform that is activated in more than 550,000 devices each day. While some of these lawsuits specifically target Google, many of them target device-makers utilizing the Android platform.

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Analysis of the Intellectual Property behind Sanofi-Aventis' proposed acquisition of Genzyme

This week’s Patently Obvious report focuses on the patent holdings of Genzyme Corporation (NASDAQ:GENZ). On August 30th French drug maker Sanofi-Aventis SA (NYSE:SNY) went public with their offer to acquire Genzyme. The offer, at $69 dollars a share for a $18.5 billion total price, was rejected by Genzyme.

Sanofi-Aventis will have to fully consider the potential liabilities associated with owning Genzyme's intellectual property before increasing their bid. Genzyme has faced a slew of troubles recently and the cracks run deeper than the surface.

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Isilon Systems: Traversing the Acquisition Minefield

This week’s Patently Obvious report focuses on the patent holdings of Isilon Systems, Inc. M&A activity in the technology sector has heated up dramatically in the past month as companies scramble to strengthen their IP positions and acquire key personnel. News of imminent rollups in the storage and security sectors specifically has driven speculation into the identity of the next impending targets.

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Intellectual Property Analysis of Visa, Inc.

This week’s Patently Obvious report focuses on the patent holdings of Visa, Inc. With the Wall Street Reform and Consumer Protection Act recently signed into law on July 21, 2010, major credit card companies have found themselves the recipients of new financial regulatory restrictions due to the Durbin amendment.

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Dot Hill Systems and CommVault Systems: Reading Between the Hype

This week’s Patently Obvious report focuses on the patent holdings of Dot Hill Systems and CommVault Systems. M&A activity in the technology sector continues to be white-hot in the wake of Hewlett-Packard’s acquisition of ArcSight and 3PAR. As in previous weeks, news of imminent rollups in the storage and security sectors has driven further speculation into the identity of the next impending targets.

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Intellectual Property Analysis of Mirror Worlds LLC v. Apple Inc.

This week’s Patently Obvious report focuses on the patent holdings of Mirror Worlds Technologies, Inc., namely those highlighted in Mirror Worlds LLC v. Apple Inc., 08cv88, U.S. District Court for the Eastern District of Texas.

Apple has historically been quite successful at predicting consumer preferences and has capitalized on their foresight to drive consumer demand. Their enviable position of success has opened the door to both legitimate and opportunistic lawsuits concerning their intellectual property.

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Intellectual Property Analysis of Microsoft Corporation v. Motorola Inc.

Microsoft, a 10 year veteran of mobile operating systems has stumbled in the space due to the failure of its Kin phone, forcing a reorganization of its consumer product unit. In a bid to regain lost ground in the mobile phone arena, Microsoft has put its vast resources behind the new Windows Phone 7 operating system. On October 1, 2010, on the eve the of Windows Phone 7 release, Microsoft sued Motorola, claiming that Motorola's mobile phones infringed on nine of its patents.

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