Specialized skills are needed to negotiate a transaction involving the development, purchase, sale, or licensing of technology. Expertise in both intellectual property and commercial law is required, as well as business acumen and knowledge of industry best practices.
Morrison & Foerster is one of the few firms in the world that brings this expertise to bear for clients.
With over 60 attorneys in the Technology Transactions Practice Group, we regularly advise clients with respect to:
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Patent and technology licenses, including in adversarial contexts.
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Intellectual property and technology acquisitions and divestments.
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Joint ventures and strategic alliances.
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Collaboration agreements.
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Development, manufacturing and commercialization agreements.
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Sourcing arrangements, including off-shoring and BPO.
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Distribution, supply and OEM agreements.
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Technology procurement.
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Software licensing.
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Internet law.
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Open source development and distribution.
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Reverse engineering and clean room projects.
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Intellectual property management and audits.
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Branding and marketing arrangements, including sweepstakes.
We work regularly with clients in industries as diverse as biotechnology, chemicals, entertainment, financial services, hardware, Internet and e-commerce, medical devices, semiconductor, software, telecommunications and video games.
We frequently assist clients in establishing the core business terms of the deal in addition to advising on intellectual property rights allocation, licensing terms, warranties, indemnities, damages disclaimers, and limitations of liability. Also, we actively assist clients in creating new business models.
We are experienced in addressing complex, multi-jurisdictional issues relating to privacy and data security. Our expertise in technology transactions is particularly deep in highly regulated areas, such as financial services and healthcare. Complex negotiations to resolve intellectual property litigation is another specialty of the group. We also have extensive experience working with clients in related areas such as antitrust, export control, bankruptcy, security interests, privacy, revenue recognition rules and government contracts.
The group draws on the expertise of thought leaders in the area of intellectual property who serve as Of Counsel to the firm. These experts include Paul Goldstein, a leading authority on copyright law, author of the treatise Copyright: Principles, Law and Practice, and the Stella W. and Ira S. Lillick Professor of Law at Stanford, and J. Thomas McCarthy, a leading authority on trademarks and false advertising issues, author of McCarthy on Trademarks and Unfair Competition, and a professor of law at the University of San Francisco.
In short, we can provide sophisticated assistance on intellectual property matters, no matter how complex or how challenging.