Software, Data + Analytics

Overview

Information technology, software and data-driven companies are often flashpoints where the benefits of new and disruptive technologies race against evolving laws and regulations intended to balance business, consumer and security concerns. Our lawyers keep pace with and creatively address unique issues arising from the development, licensing and commercialization of technology assets and information. We are skilled advisors to both customers and providers of leading-edge software, data and analytics products nationwide and beyond, and our team members have the technical backgrounds that enhance their ability to understand and implement creative legal solutions within the industry.

From emerging startups to large private and publicly-traded companies, technology-focused private equity firms and venture capital firms, Smith Anderson serves businesses of all sizes and stages of development in a variety of information technology and data-centric transactions, including those involving software, SaaS, PaaS, IaaS, IoT, cloud services, open source, data analytics, outsourcing, machine learning/artificial intelligence, augmented reality/virtual reality, blockchain, video gaming, esports, online retail, e-commerce and financial services. Across the technology sector, we also acquire, maintain, enforce and defend intellectual property assets through prosecution and litigation practices and offer our clients the benefit of a full-service law firm for related legal needs.

Smith Anderson is headquartered in the world-famous Research Triangle region of North Carolina, and the history and growth of our firm parallels the development of cutting-edge technology for which the region is known.

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SERVICES

M&A Due Diligence

Verify ownership and identify encumbrances or liabilities on registered IP
Assess patent quality
Review and analyze in-licenses of third-party IP

Technology Agreement Preparation

Software licenses, maintenance agreements and source code escrow agreements for mission critical IT projects for both IT vendors and their customers
SaaS, PaaS, Hosting as a Service (HaaS) and Infrastructure as a Service (IaaS) subscription agreements, Service Level Agreements and other IT outsourcing agreements
Distribution agreements (distributors, VAR, OEM, strategic alliances, certified partner, referral, sales agency or representation arrangements)
Internet and eCommerce-related agreements (website terms of use, privacy policies, electronic contracting)
Supply agreements for IT equipment and computer hardware
Content licensing and information services and technology agreements
Data access, exchange and licensing
Joint development, sponsored and/or university research agreements
Services agreements for website development, redesign and brand refreshment

IP Portfolio Management

Analyze patent portfolios and other IP assets
Develop IP strategies for growth
Domestic and international trademark preparation and prosecution
Patent and trade secret counseling, opinions and investigations

Litigation and Post-Grant Proceedings

Enforce and defend patent, trade secret, trade mark and copyright claims nationwide
Patent opposition and post-grant proceedings, including inter partes review (IPR), post-grant review (PGR), and covered business method (CBM) review
Trademark opposition and cancellation proceedings

Experience

Advised a leading video game company in the sale of a game franchise to a global computer software company and assisted in the development of an innovative licensing model for the client's video game development software
Served as lead counsel for an accountable care organization (ACO) to model and operationalize a health information exchange accessible by thousands of healthcare stakeholders, including health systems and laboratories
Represented a public telecommunications company in a global R&D outsourcing arrangement for the development of several telecommunications technology product lines and the provision of related services and provided related strategic counseling on IP development and ownership issues
Served as lead counsel for a publicly-traded health information technology company in several mission-critical outsourcing arrangements to enhance its technology infrastructure and market offerings
Represented a software development and data analytics company in collaborative development agreements related to platform software solutions and licensing of algorithm and data processing technologies for the agriculture industry
Represented a leading fuel pump supplier in establishing a technology, sales and service partnership with a leading payment system supplier to develop next-generation payment and media technologies for the retail petroleum industry

Represented a leading provider of wireless transmission systems in its divestiture of an integrated communications network management software platform and related assets to a network management software company
Assisted a leading bioanalytical company in drafting and negotiation of a $460,000 license of laboratory information management system software to support clinical trials
Assisted a leading public building supply distributor regarding replacement of its paper-based contracts with an electronic contracting platform enforceable under the Electronic Signatures in Global and National Commerce Act and the Uniform Electronic Transactions Act
Represented a leading private company provider of pharmaceutical product access support services in its acquisition by a private equity fund in a $206 million reverse triangular merger
Assisted a leading corporate travel management firm in the U.S. with drafting and negotiation of a services agreement with a creative consulting firm for a brand identity refresh and related website redesign and development services
Assisted a leading bioanalytical company in drafting a form of data access agreement for use in making protected healthcare information available through an Internet portal to firms authorized by patients to access such information
Assisted an e-commerce vendor in developing terms of use, privacy policy and consignment and sale agreements for use in an online business
Represented a leading provider of information management and data migration services in the negotiation and preparation of a collaboration and distribution agreement with a leading vendor of enterprise content management software, involving the combination of technologies to establish a best-of-breed offering that manages and migrates large volumes of data across an enterprise
Conducted training sessions for the legal department of one of the world’s largest software and technology service providers, providing negotiation and risk allocation strategies for the company’s technology license and services arrangements, covering complex indemnity provisions, license provisions and related risk allocation issues

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