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Transactions involving software companies may raise some unique intellectual property issues. Knowing these issues in advance is important to preventing a potential deal-stopper from emerging and delaying a closing—or preventing it altogether.
Here are four steps companies can take (based on issues a seller will likely consider and inspect in connection with its due diligence) to prepare an intellectual property portfolio with significant software assets for a sale. This list is not inclusive, but rather focuses on some key considerations that may be easy to correct or address.