IP and IT in Intellectual Property and Technology
Intellectual Property and Technology | IP and IT in Intellectual Property and TechnologyOur IP and IT in Intellectual Property and Technology practice provides specialized support for M&A, investments, and financings where intellectual property and technology assets are significant value drivers or risk factors.
Overview
Maximizing Value and Managing Risk in Deals
Intellectual property and technology assets often drive deal value and present significant transaction risks. MC Law's IP and IT in Intellectual Property and Technology practice provides specialized support to ensure that IP and technology considerations are properly addressed in M&A, investments, and financings.
IP Due Diligence
Thorough IP diligence is essential to informed deal decisions. We evaluate target IP portfolios, including patents, trademarks, copyrights, and trade secrets. We assess ownership, validity, enforceability, encumbrances, and third-party risks.
Technology Due Diligence
Technology systems and arrangements require careful review. We evaluate software ownership and licensing, IT infrastructure, vendor relationships, data practices, and security posture.
Transaction Structuring
IP and IT considerations affect deal structure. We advise on asset versus stock transactions, IP carve-outs and spin-offs, technology licensing arrangements, transition services, and post-closing integration.
Our Services
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Federal registration and validity opinions
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Federal registration and validity opinions
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Federal registration and validity opinions
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Federal registration and validity opinions
Licensing & Transactions
Negotiate and draft license agreements
DMCA Services
Takedown notices and counter-notices
Enforcement
Cease and desist through litigation
Fair Use Analysis
Evaluate fair use defenses and risks
Music & Entertainment
Industry-specific copyright matters
Frequently Asked Questions
Comprehensive review of patents, trademarks, copyrights, trade secrets, and technology agreements. We evaluate ownership, validity, enforceability, encumbrances, and third-party risks.
Asset deals require explicit IP assignment. Stock deals transfer IP with the entity but successor liability issues may arise. Structure affects employee IP, license assignments, and more.
Common provisions cover IP ownership, validity, non-infringement, no pending claims, and compliance with agreements. Scope depends on diligence findings and negotiating leverage.
When IP is retained or excluded, clear license arrangements, transition services, and ongoing access rights must be documented. Careful planning prevents operational disruption.
Verify invention assignments, address non-compete enforceability, plan for key employee retention, and manage IP knowledge transfer.
Yes, significant IP problems can reduce valuation or terminate deals. Common issues include unclear ownership, undisclosed encumbrances, and litigation risk. Early diligence identifies problems.
Fair use is a defense that permits limited use of copyrighted material without permission. Courts consider four factors: the purpose and character of use (commercial vs. educational, transformative vs. copying), the nature of the copyrighted work, the amount used, and the effect on the market. Fair use is highly fact-specific.
For works created today by individual authors, copyright lasts for the life of the author plus 70 years. Works made for hire and anonymous/pseudonymous works are protected for 95 years from publication or 120 years from creation, whichever is shorter. Older works may have different terms.
Yes, software code is protected by copyright as a literary work. Both source code and object code can be registered. However, copyright protects the expression of ideas, not the underlying functionality—patent protection may be more appropriate for novel methods and processes implemented in software.
Our virtual legal services offer streamlined, cost-effective solutions for common copyright needs. Services like copyright registration, assignment agreements, and DMCA takedowns are available online with fixed, transparent pricing. You get the quality of a top IP firm with the convenience of digital delivery.
Related Matters
Represented streaming platform in landmark DMCA safe harbor case. Successfully defended client's safe harbor status while obtaining injunctive relief against repeat infringers, resulting in dismissal of $500M damages claim.
Prosecuted copyright infringement claims on behalf of professional photographers whose work was used without authorization. Secured significant damages award and implementation of improved licensing procedures.
Enforced copyright and trade dress rights in mobile game against clone applications. Obtained preliminary injunction and permanent removal of infringing apps from major app stores worldwide.
Cutting-edge case addressing use of copyrighted music in AI training datasets. Negotiated comprehensive licensing framework that allows continued AI development while protecting rightsholders' interests.
Prosecuted claims against former executive who copied proprietary source code to competitor. Established ownership under work-for-hire doctrine and obtained injunction plus damages for willful infringement.
Represented academic publisher in enforcement action against site hosting pirated textbooks. Implemented systematic takedown program and pursued contributory infringement claims against operators.
Get in Touch
Connect with our copyright team to discuss your matter
Practice Contacts
Michael Roberts
Sarah Kim
