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Davis+Gilbert LLP

From our base in New York, we represent a diverse range of clients across the country and around the world.

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Technology Creation and Protection

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  • Overview
  • Content Creation and Use
  • Entertainment and Sports
  • Intellectual Property Litigation
  • Technology Creation and Protection
  • Trademark and Brand Management

Every company is now a technology company, with a crucial need to know how best to protect, commercialize and enforce their assets. Our attorneys advise companies of every stripe on how best to use intellectual property and technology law to achieve those ends. Capable of serving either as outside general counsel or as legal advisors, we take on any role required to liaise between our clients’ legal, business and product teams.

Our clients trust us to get involved in every stage of their product life cycle. This includes advising on protection strategies, clearing infringement and validity issues, negotiating commercial agreements and licenses, devising monetization strategies, and translating technology issues for licensees, consumers and investors.

Navigating Technology Protection

In every high-tech sector — software, data analytics, advertising, retail, sports, fintech, health care and medical devices — we advise clients on ways to protect their intellectual property. Our attorneys combine deep capabilities in science and technology with extensive intellectual property knowledge to help clients navigate complicated protection issues.

We are especially knowledgeable in the protection of computer software and hardware. We routinely perform deep dives into our clients’ computer technologies, reviewing source code and evaluating computer infrastructure in order to advise on legal issues. These include assessing the benefits of different types of intellectual property protection, advising on the patentability of software, applying for copyright registration and creating trade secret regimes. We also routinely present on secure coding and the use of open source code as well as help clients create policies to manage software risks.

Managing Patent Issues

We routinely provide patent services, getting involved at the early stage of our clients’ technology creation processes, in order to advise on patent prosecution strategies and management of patent portfolios. We provide opinions on infringement and invalidity and work with investors to showcase patents and their value. Clients routinely rely on us to draft and negotiate complicated patent license agreements and help create innovative compensation and license structures to derive extra value from their core intellectual property.

Technology Agreements

As clients require increasingly sophisticated technology agreements, they turn to us to negotiate them. In addition to intellectual property agreements, we work on digital media and streaming content deals, programmatic media agreements, data licenses, and e-commerce terms. We also specialize in all manner of software agreements, including SaaS agreements, software licenses, API terms, information technology riders, platform terms and cloud-hosting contracts.

Technology – M&A

We are frequently called to lead technology-based M&A transactions, particularly in the software space. This includes performing business- and engineering-level diligence to evaluate the technology in a transaction. It also includes assessing legal risks, such as software ownership issues, use of open source software, secure coding protocols, IT audit and infringement concerns. Not only do we draft and edit transaction documents, but we also add a 360-degree perspective to the risks and rewards of our clients’ deals.

Representative Experience

  • Represented a luxury mattress company in its acquisition of intellectual property rights in cutting-edge e-commerce and logistics technology in order to enhance its customer service efficiency and quality. Researched development and ownership history of the technology to ensure proper transfer of all rights therein; prepared and negotiated technology purchase agreement, software escrow agreement, intellectual property assignment and assumption agreement and other supporting transaction documentation.
  • Acting as technology and media counsel to a fintech startup that created a cryptocurrency trading platform for high net worth and institutional investors. Established the client’s patent and trademark portfolio, advised on open source compliance and represented the company on the privacy and intellectual property components of its sale to a leading cryptocurrency brokerage.

  • Advising a restaurant reservation platform on its software and technology matters, including its API/SDK agreements, software development agreements, technology licensing and other partnerships. Led the intellectual property, technology and privacy components of the client’s $200MM acquisition by a major financial institution.

  • Acting as technology and intellectual property counsel to a publicly traded adtech platform in order to protect its software and enhance the value of its core intellectual property.

  • Executed complex patent licensing arrangements with university collaborators, negotiated clinical trial agreements, provided regulatory advice, prosecuted and managed a med tech platform’s patent portfolio and provided freedom to operate and validity opinions.

  • Acted as patent counsel to a private investment group with interests in technology and media, in connection with its investment in a semiconductor technology company. Performed business, technical and legal diligence on its semiconductor patent properties, advised on scope of patent coverage, performed market analysis of related patents, assessed patent valuation and provided freedom to operate and validity opinions.

Key Contacts

  • Attorney Devin Kothair

    Devin A. Kothari

    Partner

    Area Of Focus

    • Privacy, Technology + Data Security
    • Intellectual Property + Media
    • Advertising + Marketing
    212 468 4902
    dkothari@dglaw.com
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  • Overview
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  • Intellectual Property Litigation
  • Technology Creation and Protection
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