K&L Gates’ Technology Transactions practice provides representation that is innovative and technologically savvy. We are experienced in both complex and routine cases covering a wide range of technologies and industries and, with offices worldwide, we are positioned to provide IP counsel throughout the United States, Europe, the U.K., and the Asia Pacific region.
Our practice consists of transactional lawyers with a deep understanding of the business and legal issues associated with technology-related transactions, Internet/cloud computing law, and intellectual property development, distribution, licensing, monetization, and protection. Our team of legal professionals works together on business, technology, and intellectual property-related transactions including licensing, development, procurement, technology transfer, due diligence, IP asset valuation, negotiating, and drafting in fields such as computer software, banking and finance, pharmaceuticals, biotechnology, medical devices, publishing, consumer products, and heavy industry.
We work closely with our clients to help them achieve their business objectives through strategic planning and counseling. We help our clients structure partnerships critical to the development and commercialization of the products embodying their intellectual property. K&L Gates provides intellectual property counsel to companies at all stages of growth from start-ups to some of the world’s largest companies. Many of our IP lawyers have advanced degrees and specific industry experience, both of which help them understand the specific needs of our clients.
We advise clients on all aspects of technology transactions and IP licensing, including IP-driven joint ventures, R&D collaborations, and strategic alliances. Our experience includes structuring and negotiating business transactions involving significant intellectual property aspects for both the largest public companies in the world and small private enterprises.
We draft and negotiate substantial software license and development agreements, representing both licensors and licensees. We also understand issues associated with open source and “free” software, and help clients build compliance programs to avoid unwanted surprises with their software.
Additional aspects of our licensing practice includes cross-licensing and joint development agreements in diverse fields, including chemistry, metallurgy, semiconductors, beverages, marketing and advertising, electromechanical systems, computer hardware, and software.
Our lawyers have worked with issues related to the Internet since the early 1990s, and they understand the speed at which Internet-enabled businesses change and evolve. Whether it is the negotiation of a simple website hosting agreement, research of complex issues related to cross-jurisdictional protection of personal information, or anything in between, our lawyers know how to provide advice in an efficient manner.
We also have extensive experience with cloud computing and Software as a Service (SaaS) agreements on both the provider and customer sides. We provide advice that balances the cost benefits with the potential risks, and help our clients make informed decisions and create practical policies with respect to cloud computing usage.
We understand e-merging commerce, i.e., how evolving laws relating to technology and information apply and how our clients, whether they be licensors, licensees, or buyers or sellers, may protect their opportunities and respond to the transformative nature of doing all or part of their business electronically.
At the same time, we continue to offer ready access to lawyers in traditional substantive legal areas and industry groups; we view "E-merging Commerce" law as an overlay to traditional laws and industry practices. It is the intersection of that overlay with traditional laws and practices that is new, but it is still necessary to deal with lawyers who understand the base. The combination of the base and the overlay is the stuff of modern commerce and the K&L Gates E-merging Commerce practice.
Partner Holly K. Towle is the author of the two-volume reference work, The Law of Electronic Commercial Transactions. Authoring and updating this book requires a drawing together of numerous disciplines. This helps us to stay on the cutting edge and spot connections and new defenses and legal trends.
A technology company considering potential participation in a standards organization—whether as a promoter, a member, or adopter of a resulting specification—must analyze the plethora of business and legal ramifications of such participation. Such analysis is increasingly warranted whether the standards organization is based upon "openly shared" intellectual property rights or upon intellectual property rights that require licensing between members and adopters.
Our lawyers assist in the initial analysis that any technology company should undertake in evaluating whether participation in a particular standards organization conforms to the company's business plans and goals.
Our team has experience preparing the intellectual property rights policies (IPR Policy) of many cutting-edge standards organizations and counseling clients concerning the legal ramifications of joining, and continuing their participation in, standards organizations that have already adopted an IPR Policy. Our lawyers also assist companies with other issues associated with participation in a standards organization, including tax issues, the impact of the structure of the standards organization's board of directors and working groups, other corporate governance issues, the processes for certifying products that are compliant with the specification, and counseling regarding unfair competition issues.