IP and Strategic Tech Transactions

On April 27, 2026, Thermo Fisher Scientific Inc. (“Thermo Fisher”), the world leader in serving science, announced that it has signed a definitive agreement to sell its microbiology business, which provides antimicrobial susceptibility testing and culture media solutions for clinical, pharmaceutical and food safety testing, to Astorg, a leading pan‑European private equity firm, for consideration of approximately $1.075 billion, consisting of cash and a $50 million seller note. Cravath is representing Thermo Fisher in connection with the transaction.

On March 31, 2026, Biogen Inc. and Apellis Pharmaceuticals, Inc. announced that the companies have entered into a definitive agreement under which Biogen has agreed to acquire all outstanding shares of Apellis for $41.00 per share in cash at closing, or approximately $5.6 billion. Apellis stockholders will also receive a nontransferable CVR for each Apellis share held, entitling the holder to receive two payments of $2 per share each, contingent on certain annual global net sales thresholds being met for SYFOVRE®. Cravath is representing Biogen in connection with the transaction.

On March 10, 2026, Elsevier, a global leader in advanced information and decision support and part of RELX, announced it has entered into a definitive agreement to acquire Mytonomy, a leader in video-based patient engagement solutions that will complement Elsevier’s Clinical Solutions portfolio. Cravath is representing RELX in connection with the transaction.

On March 9, 2026, Universal Health Services, Inc. (“UHS”) announced that it has entered into a definitive agreement to acquire Talkspace, Inc. (“Talkspace”) for $5.25 per share. The enterprise value for the transaction is approximately $835 million. Cravath is representing Talkspace in connection with the transaction.

On March 2, 2026, Select Medical Holdings Corporation (“Select Medical”) announced that it has entered into a definitive agreement pursuant to which an entity affiliated with a consortium led by Robert A. Ortenzio, Executive Chairman, Co-Founder and Director of Select Medical, Martin F. Jackson, Senior Executive Vice President of Strategic Finance and Operations of Select Medical, and Welsh, Carson, Anderson & Stowe (“WCAS” and, together with Mr. Ortenzio and Mr. Jackson, the “Consortium”) will acquire all of the outstanding shares of common stock of Select Medical not already owned by the Consortium for a price per share of $16.50 in cash, representing an enterprise value of $3.9 billion, on the terms and subject to the conditions set forth in the merger agreement. Cravath is representing the buyer consortium in connection with the transaction.

On April 28, 2026, Cravath published the latest edition of its Artificial Intelligence Developments Newsletter, which includes a high-level review of activity across technical, regulatory, legal, and market areas of AI over the last month.  

Cravath partner David J. Kappos participated in “Innovation to Impact: IP as an International Growth Engine,” which was hosted by the Licensing Executives Society International from April 26‑29, 2026 in Dublin, Ireland. Dave spoke on a panel entitled “Innovation as a Driver for Business Growth,” which examined how IP is developed and managed within organizations, how its value and return on investment are demonstrated to senior leadership and how IP increasingly informs business planning and investment decisions. Panelists also discussed how these practices have evolved in recent years and what truly differentiates companies that successfully leverage IP to accelerate technology development and drive sustainable business growth.

Cravath of counsel Kathryn‑Ann Stamm participated in the African Women Entrepreneurship Cooperative’s 2026 General Assembly, themed “Legacy,” which was held from April 15‑17 in Lusaka, Zambia. Kathryn‑Ann led a multi‑session learning lab entitled “Protecting What You Build: Turning Your Brand, Ideas & Knowledge Into Legacy Assets,” which guided entrepreneurs through how to identify, strengthen, and legally protect the intellectual property assets already embedded in their businesses, from brand names and creative content to trade secrets, customer data and online presence. Through hands‑on exercises and real‑world case studies, the learning lab equipped attendees with a practical toolkit, including strategies for trademark registration, copyright documentation, confidentiality agreements, and the responsible use of AI, empowering them to turn their brands, ideas, and knowledge into durable legacy assets. Kathryn‑Ann also facilitated a business dialogue entitled “If You Stepped Away Tomorrow: Getting What’s in Your Head Into Your Business,” which challenged participants to evaluate whether their critical business assets, such as their name and branding, recipes and formulas, operational processes, customer knowledge, and internet properties, are properly documented, organized and owned by the business itself rather than residing solely with the founder.

Cravath partners David J. Kappos and Sharonmoyee Goswami participated in the 33rd Annual Intellectual Property Law & Policy Conference, which was hosted by Fordham Law School from April 8‑10, 2026 in New York. Dave moderated a session on current developments in IP, which discussed AI litigation and the evolution of IP doctrine; remedies in technology litigation; territoriality, extraterritoriality, and the limits of judicial authority; institutional competition and the fragmentation of global IP adjudication; and courts as central actors in technology governance. Sharon participated in a session covering patent and frontier technologies. The discussion topics included: patent law and AI governance; recalibrating patentability for the AI era; inventorship and human control; patent linkage and regulatory coordination; and remedies in ecosystem‑based innovation markets.

On April 7, 2026, Intellectual Asset Management (“IAM”) published an article written by Cravath partner David J. Kappos and associate Noa M. Ma entitled, “Why Global FRAND Rate‑Setting Must Require SEP Owner Consent.” The article discusses why courts should only set global FRAND royalty rates with patent owner consent, arguing that forced rate‑setting risks undermining the balance of rights that underpins SEP licensing.