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When IsoAge Technologies announced its acquisition by the international food conglomerate Kerry Group, it marked a high point in a more than decade-long, wide-ranging relationship with Stroock.

Starting with building the IsoAge patent portfolio, Stroock has guided this longtime business partner in numerous transformative matters since its inception in 2008.

Based in Georgia and Missouri, IsoAge is a supplier of functional ingredients to some of the largest companies in the food industry.  These natural and sustainable food solutions provide food safety and flavor enhancement to optimize both product and process performance, consistency and profitability.

“This transaction demonstrates that business-minded attention to intellectual property from the inception of a company, combined with thoughtful litigation strategy, can lead to outstanding exit outcomes for our clients,” Ian DiBernardo, Chair of Stroock’s Intellectual Property department, said at the time of the transaction.

Building a ‘Unique’ Offering

In acquiring IsoAge, Kerry was drawn in large part to the company’s portfolio of intellectual property, which is focused on clean-label food protection. 

The acquisition adds “unique natural portfolios of patented shelf-life technologies, which will greatly enhance Kerry’s global market leadership,” a Kerry executive said in its announcement.

Beginning long before this acquisition, Stroock has prepared and managed IsoAge’s patent filings, obtaining patents in the U.S., Canada, Europe, China and Japan. In fact, even as the acquisition was being negotiated, Stroock continued to file new patents on a variety of technologies.

Stroock also guided IsoAge in bringing its patented products to market, structuring and negotiating supply and distribution agreements, including with some of the largest meat processing companies and some of the largest food chains in the world.

Stroock’s work for IsoAge also included structuring and negotiating joint ventures, in each case, leveraging IsoAge’s intellectual property and innovations.

In addition, Stroock guided this client through a major litigation, involving breach of contract, trade secret misappropriation, unfair competition and other claims, where it was one of several defendants and counterclaim plaintiffs. In a notable win, the court granted Stroock’s motion to dismiss the plaintiff’s primary breach of contract claims against certain defendants, marking one of the strategic successes leading to a confidential settlement.

The Stroock team representing IsoAge on the Kerry transaction was led by Ian DiBernardo (Intellectual Property) and Richard Madris (Corporate), along with Elizabeth DiMichele (Employment), Michelle Jewett (Tax), Jeffrey Mann (Intellectual Property) and Evan Babcock (Real Estate).