BakerHostetler’s Software team has broad and deep experience representing companies in all facets of the software business.
- Advised on the acquisition of a provider of software and solutions to synchronize manufacturing operations and supply chain networks by a France-based 3D-design software manufacturer for $205 million and on the U.S. aspects of its purchase of a controlling interest in a manufacturer of 3D real-time visualization solutions for the automotive, aircraft and consumer goods industries for $245 million.
- Advised a pharmacy benefits management service in its acquisition of a provider of claims adjudication software, tools and technology services.
- Represented the parent company of a midsize, diversified business-to-business digital media company in a $28 million tender offer by its technology private equity vehicle for a significant minority stake in a Colorado cloud-based video management and footage licensing services provider.
- Advised a provider of call recording and contact center solutions in its acquisition by the provider of an interactive contact manager for $8.8 million in cash and approximately $37 million in stock.
- Defended a technology services employer in a class action alleging noncompliance with California wage-and-hour requirements for computer software employees.
- Investigated whether a technology company’s terminated employee had connected to the company’s corporate network after his termination via remote access, ultimately determining the employee did access the network but that no customer data was at risk or had been deleted.
- Helped a client roll out a new enterprise communication and collaboration tool that allows users to pose a question and receive responses from multiple users for an “ask an expert” website. We assisted in developing the business model/website terms of use to move from an individual/consumer-focused product to an enterprise/company offering; helped navigate issues related to the Digital Millennium Copyright Act, cloud computing, information security compliance and general commercial contracting; and handled the company’s trademark and copyright portfolio.
- Represented a developer of computer software used in hospital and commercial laboratories, in connection with intellectual property licensing and software and hardware agreements and litigation relating to such agreements, in British Telecom v. Vimeo (D.Del. and Federal Circuit appeal), where we invalidated four software patents for claiming ineligible subject matter. A related inter partes review proceeding invalidated a fifth patent.
- Represented a France-based 3D-design software manufacturer in its acquisitions of a manufacturing and production operations management software company; a formula-based product life cycle management solutions company; and a provider of innovative technology solutions and product life cycle management services.
- Invalidated two software patents for claiming ineligible subject matter in MyMail v. ooVoo and IAC Search & Media (NDCA and Federal Circuit appeal).
- Represented IAC Search and Media as intervenor in a patent defense in Finjan, Inc. v. Symantec Corp.
- Represented Microsoft in a declaratory judgment action in federal court involving patent infringement claims by a provider of software solutions against Microsoft’s ADO.net and other relational database software.
- Prosecuted a Canada-based communications company’s patent infringement claim against a software company to a jury in the Eastern District of Virginia, seeking damages of $110 million.
- Defended a UK-based software company in its bet-the-company intellectual property litigation against a major competitor.
- Since the late 1990s, have provided a U.S.-based software and consumer electronics manufacturer with patent portfolio development, counseling and intellectual property litigation services including handling the worldwide patent prosecution for one portfolio of the company’s patents and applications – directed to a specific file system technology – around which the company has developed a successful licensing program.
- Represented a Switzerland-based software company in connection with its multichannel e-commerce license and services transactions and the various related modules.
- Advised a multinational beverage and brewing company on data and e-discovery matters, including reviewing data and data policy issues arising out of the combination of a U.S.-based brewing company and a Belgium-based company and the movement of key personnel from Belgium to the U.S. We advised the company on the development and implementation of “bring your own device” policies and policies governing public Internet access at sites.
- Defended an award-winning hospital in a putative class action complaint arising from the theft of a computer containing information about more than 500,000 patients and alleging violations of the Confidentiality of Medical Information Act and Customer Records Act.
- Assisted a developer and marketer of proprietary enterprise software and other products for the hospitality industry, which was affected by the MOVEit security incident. Our team engaged a cybersecurity technology company to investigate, determined notification obligations to customers around the world, assisted in determining the impact of the incident to assess whether it was material, and provided briefings to the executive management team and board.
