Intellectual Property and Technology

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Overview

Robinson Bradshaw's intellectual property and technology practice builds upon our extensive knowledge of commercial matters to include wide-ranging proficiency across the spectrum of intellectual property law. We strive to understand each client’s business and commercial objectives and use this knowledge to bring a pragmatic and client-centered approach to advise them on intellectual property matters.

Our primary areas of emphasis are:

Intellectual Property Protection and Patents

We help our clients develop and enforce a comprehensive strategy for protecting and monetizing ideas and inventions under patent and trade secret law and written and electronic documents under copyright law. In particular, we help clients assess their intellectual property assets and determine whether patent protection is a practical and reasonable option for their businesses. We also evaluate the legal and economic significance of competitors’ patents, and we structure, draft and negotiate a wide variety of patent transfer and licensing arrangements.

Software and Technology

Our firm has years of experience handling software and technology licensing transactions for companies of all sizes. We are keenly aware of the obstacles and pitfalls that can arise in licensing and development transactions and have a proven track record of helping our clients achieve successful outcomes. Our attorneys work with clients to create customized solutions that bring to bear recent legal and technological developments, and market terms and trends. We regularly assist clients with license agreements, consulting and services agreements, outsourcing arrangements, Software as a Service (SaaS) and Application Service Provider arrangements, development agreements, hosting agreements and issues related to open source software.

Trademarks

Our lawyers advise clients on trademark law issues, including protecting and licensing trademarks, enforcing rights against infringers and defending claims for alleged infringement. We help clients evaluate proposed marks and assist with trademark searches, opinions and registrations, and administrative proceedings. We also advise clients on brand development and marketing matters, such as advertising review and clearance, website privacy policies and terms, sweepstakes, reward programs and packaging, and manage many significant portfolios of U.S. and internationally registered trademarks for our clients.

Privacy and Data Security

We counsel clients about developments in privacy laws, both domestically and abroad, on topics such as data protection and destruction; data security; privacy obligations on websites and in electronic commerce; and privacy laws that govern financial institutions, health care providers and other businesses. We work with clients across a broad range of industries to implement privacy and data security and protection programs, and we draft related policies and procedures.

Employment-Related IP Issues

Our extensive experience advising clients on employment-related issues involving intellectual property includes enforcing confidentiality and noncompetition agreements and resolving issues about the ownership of developments.

Acquisitions and Divestitures

We provide comprehensive assistance in structuring, negotiating and documenting technology-related acquisitions and sales; conducting due diligence related to such transactions; and evaluating intellectual property portfolios transferred in such transactions.

Intellectual Property Disputes

Our attorneys regularly represent clients in intellectual property disputes, patent and trademark infringement proceedings, trade secret disputes, publicity rights invasions and royalties matters. We also help clients enforce and defend their rights to use intellectual property.

Honors & Awards

  • U.S. News – Best Lawyers, Best Law Firms, Charlotte Tier 1 for litigation – intellectual property, 2012-22
  • IP Stars, recommended firm, 2013-21

Experience

  • Represent a highly innovative global networking solutions and communications equipment provider in commercial and transactional intellectual property matters, including acquisitions, joint ventures, development agreements and technology licenses.

  • Managed the intellectual property aspects of a co-purchase of a public technology company division for approximately $2.5 billion; the formation of a joint venture with a Japanese company to hold and operate purchased assets; and the subsequent purchase of a telecommunications equipment division from another public company for $250 million in cash and stocks.

  • Represented a health care-focused hedge fund firm with $3.5 billion in assets in various investments and transactions by its funds and portfolio companies, including the purchase of royalty streams from sales of pharmaceutical products, the acquisition of pharmaceutical products and key related intellectual property rights, and the subsequent licensing of those rights.

  • Manage the intellectual property portfolio – including trademarks and patents – of the largest wholesale insurance broker in the United States, and provide counsel on domestic and international clearance, prosecution and enforcement.

  • Represent a private software company that provides a SaaS-based technology platform that facilitates the capture and dissemination of medical records; matters include subscription agreements, reseller agreements, business partner agreements and other distribution-related agreements.

  • Assist a leading home textile company with intellectual property matters, including brand development, trademark prosecution, portfolio management, licensing and litigation; provide counsel on domestic and international clearance, registration, maintenance, enforcement and infringement risk management; provide legal advice on advertising and marketing materials, packaging and product labels.

  • Represent an artificial intelligence company in various licensing and content development projects related to its patented content generation engine, which transforms raw data into actionable narrative stories and insights with the tone, personality and variability of a human writer.

  • Represent a sales consulting business in connection with the licensing of proprietary materials, processes, methodologies and know-how pertaining to sales training effectiveness, and regarding consulting services.

  • Represent a developer of biometric sensor technology in connection with its patent and technology licenses to major national and international consumer electronics companies for the production of wearable lifestyle and fitness products.

  • Represent a provider of software solutions, designed to manage networks with both physical and virtual devices, in its information technology and patent licenses.

  • Represent an industry leader in water and air filtration in its commercial and transactional intellectual property matters, including acquisitions, joint ventures, development agreements and licenses.

  • Defended a company that licenses data, statistics and content against breach of license and infringement claims.

  • Represented a biometric sensor developer in asserting and resolving claims related to the breach of a nondisclosure agreement by a potential development partner.

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