Cases
Representative matters include:
Patent infringement cases on behalf of patent holders
alleged infringers in technology areas including software, hardware, mobile device applications, semiconductors, electronics, mechanical devices, chemical compositions, e-commerce,
Internet.
Trademark prosecution
defense across all industries, including Internet websites, computer hardware
software, technology, consumer goods, financial
investment services, food
beverage, restaurants
wine.
Copyright litigation, including cases involving mobile device applications, digital content, the Digital Millennium Copyright Act (DCMA), fair use
other emerging issues relevant to software, apps, social media
Internet businesses.
Trade secret cases on behalf of corporate employers
former employees in cases involving intellectual property misappropriation
ownership, breach of fiduciary duty, covenants not to compete, unfair competition
unfair business practices.
Internet disputes, including cybersquatting, defamation
privacy cases relating to website content, blogs, message boards, chat rooms
social media.
Breach of license
breach of contract cases, false advertising
other complex litigation with intellectual property implications. FREEDOM TO OPERATE OPINIONS James analyzes patents
patent portfolios,
provides IP portfolio management
strategic planning counseling, as well as freedom to operate
validity opinions. LITIGATION ANALYSIS James monitors
analyzes patent
intellectual property litigation for our investment adviser clients for cases in which the firm is not representing one of the litigants. He provides legal analysis relating to trials, motions, claim construction hearings
other significant events in cases of market significance for publicly-traded companies. Our clients have made successful investment decisions based in part on the information provided through this unique service.
Representative matters include:
Licensing (inbound
outbound) of technology, content, computer software, patents, trademarks, copyrights
other intellectual property.
Technology agreements, including research
development, strategic alliance, collaborations
co-development, marketing, private label
co-br
ing agreements.
Software
mobile device application agreements, including end user licenses, terms of service, support
maintenance, hosting, source code escrow
software as a service (SAAS) agreements.
Sales
distribution agreements, including customer, reseller, OEM
sales representative agreements.
Outsourcing agreements, manufacturing
supply agreements
master services agreements.
Confidentiality
nondisclosure agreements, employment agreements, independent contractor agreements, subcontractor agreements
invention assignment agreements.
Internet privacy policies, terms of use
backbone agreements for online
e-commerce businesses.
Open source software analysis
agreements, including licensing, auditing, compliance
analysis regarding free
open source software.
Representation of officers
executives in negotiations with new employers,
advice
counseling regarding preparations to compete.
Due diligence on behalf of buyers
investors with respect to patents, trademarks, copyrights, trade secrets,
open source software.
Intellectual property advice
counseling, trade secret audits
protection programs, copyright
trademark applications,
br
ing.
Transactions
TECHNOLOGY TRANSACTIONS AND COUNSELING: James counsels, drafts and negotiates transactions and agreements involving a broad array of technologies. James also acts as outside general counsel to companies of various sizes, ranging from early-stage startups to publicly traded companies. James creates intellectual property protection plans specifically tailored to each client to help protect and secure patents, trademarks, and copyrights, and advises employers and employees regarding trade secrets issues and covenants not to compete. James also counsels clients regarding Internet web sites and online businesses, and conducts due diligence on patents and other intellectual property assets in mergers and acquisitions. Representative matters include:; Licensing (inbound and outbound) of computer software, patents, trademarks, copyrights and other intellectual property. Technology agreements, including research and development, strategic alliance, marketing, private label and co-branding agreements. Software and application agreements, including end user licenses, support and maintenance, hosting, escrow, open source and software as a service (SAAS) agreements. Sales and distribution agreements, including customer, reseller, OEM and sales representative agreements. Outsourcing agreements, manufacturing and supply agreements and master services agreements. Confidentiality and nondisclosure agreements, employment agreements, independent contractor agreements, subcontractor agreements and invention assignment agreements. Internet privacy policies, terms of use and backbone agreements for online and e-commerce businesses. Representation of officers and executives in negotiations with new employers, and advice and counseling regarding preparations to compete. Due diligence on behalf of buyers and investors with respect to patents, trademarks, copyrights, trade secrets, and open source software. Intellectual property advice and counseling, trade secret audits and protection programs, copyright and trademark applications, and branding.
