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Would you say this only applies to certain industries? Also what if the startup is only patent rich, is there anything to lose by talking?



No company that is executing on patents is doing so without some amount of trade secrets. If they demand itemized financials, for instance, they have a snapshot of your suppliers and your costs, which makes them a stronger competitor in your industry even if they can't use your patents.


I think it definitely applies to the tech industry and in fact these tactics are pretty universal. For example, I've seen them applied by basically the entire paints & coatings industry's corp dev teams when we were exploring the sale of a paint company. Nobody's going to turn down the chance to look at a competitor's financials, even if they have to promise in writing not to use the information materially for their own benefit.

I'm not a lawyer nor do I have a ton of experience in patent-related matters. If the startup is patent rich and is sitting on a mountain of cash, and feels like it's weird that it hasn't paid an astronomical sum of money to lawyers in a while, then maybe it could justifiably feel somewhat protected by its patents. Then again, look at Apple/Samsung over the years...I don't think patents are the be-all and end-all.




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