Intellectual Property Matters
Our Licensing and Transactional practice focuses on helping business clients formulate and execute many kinds of technology-based transactions. We have negotiated numerous agreements preserving our Client‘s IP assets. Our practice focuses on facilitating the client’s deal not preventing it. IP transactions have a life that does not end when the ink is dry, and we are there to help client as needed. As transactional counsel we’ve drafted the supporting documents and provided after-deal servicing.
We also recognize that getting a deal done means being effective with the people on the other side of the table. We understand the strengths and weaknesses of the parties’ intellectual property and how that should enter into the picture, providing our clients with terms that preserve rights and complete deals.
Support for Business Objectives
Transactions do not take place in a vacuum. We place a premium on understanding our clients’ business objectives effectively integrating their IP strategies—including transactions—into a plan for meeting those goals. We are known for our ability to accurately identify, evaluate, and properly structure deals because we take the time to understand our client’s objectives.
Familiar with the driving issues in our clients’ industries, business-focused, and able to spot the nuances of both science and law, we are known for our ability to extract high value for our clients. We don’t simply rely on boilerplate documents; we shape each situation to match a client’s industry and long range business needs.
Experience in All Forms of Agreements
We’ve successfully structured and negotiated a wide range of IP-related deals, small and large. We treat each transaction with the appropriate level of attention. A small deal is not blown into an oversized project, and we strive to keep the big, complex deal manageable. Examples of the types of agreements we provide include:
- Technology, copyright and trademark licenses, sales and acquisitions
- Joint venture and other types of collaboration agreements
- Joint development agreements
- Know-how and trade secret agreements
- Confidentiality / non-disclosure agreements
- Consulting and developer/employment agreements
- Software licenses (including open source licenses), web-related agreements, and escrow agreements
- Software / product development agreements
- Distributorship and reseller agreements (domestic and international)
- IP holding company agreements
- Brokerage agreements
- Manufacturing and supply agreements for proprietary products
- Distribution and licensing agreements
Strategic counseling on scope and nature of proposed business arrangements, including:
- Timing of and financial / non-financial terms in deals
- Adoption of exclusive vs. non-exclusive agreements
- Brand protection strategies
- Advice regarding issues specific to the technologies and / or players involved
- Advice on implications of transactions on related company activities.
- Drafting and negotiating term sheets, licensing and other agreements
- Evaluation of antitrust concerns and alternative deal structures
- Counseling with respect to participation in standard setting organizations and other consortia
- Crafting dispute resolution provisions and agreements
- Counseling on acquisition and sale of assets, including purchase and sale out of bankruptcy
- Providing connections with other service providers, technology buyers and brokers, financing sources, etc.
- Preparing informational packages for use in presenting intellectual property for sale or license