Case Study 8

Technology Acquisition and Development Assistance

Maintaining identity confidentiality; third party licensing negotiation assistance

The Situation
A small start-up biotechnology company, UpStart Inc., with proprietary early stage product developments, identified patented technology owned by a much larger firm that would be beneficial to its own development program. The larger company did not appear to be pursuing business opportunities in the primary field of interest of the small biotechnology company.

The Challenge
UpStart wished to negotiate a license for its field of use from the larger company. It also wanted to enter into negotiations with the larger firm without making its interest in the technology and business direction public.

The Solution
Vertex first gathered background information about the larger biotechnology business, including an understanding of its structure and business direction. Then, utilizing the Licensing Executives Society network, Vertex made contact with the large biotechnology company. Without identifying our client, UpStart, a three-way non-disclosure agreement was developed and executed.

The Result
Upstart Inc. was able to enter into license negotiations with the large biotechnology company, knowing that its identity and specific technology development interests would be kept confidential. UpStart expressed their appreciation for Vertex's professionalism and discretion as follows, "Thanks for being such an effective third party in this situation! You were a terrific resource and ally."

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