Intellectual Property & Technology

In the midst of rapid technological advancement and expanding regulatory frameworks, clients need trusted outside counsel who can harmonize business, technology, and the law. Maslon’s Intellectual Property & Technology attorneys help clients leverage their technology assets to meet business goals, whether guiding clients through complex transactions, trademark and brand management, or the implementation of advanced technologies.

Maslon attorneys have a depth of experience advising on the protection, commercialization, and enforcement of a wide range of IP and technology assets, including cutting-edge software, additive manufacturing, semiconductors, and artificial intelligence (“AI”). Our clients range from large publicly traded companies to closely held middle market companies to startups and other early stage companies. Maslon has particular experience helping entrepreneurial companies prepare to go to market, including through all stages of corporate entity formation, financing, IP protection, inventor licensing, negotiation of complex vendor contracts, and development of customer and end-user license agreements.

When it becomes necessary to defend or enforce a client’s IP rights, Maslon litigators draw upon decades of experience driving swift and cost-effective resolution in litigation, mediation, and arbitration. We have handled disputes arising from the infringement of trademarks, copyrights, and patents; misappropriation of trade secrets; as well as breach of contract or license agreement.

Technology Transactions and Agreements

Underpinning most successful companies today is a framework of contracts covering the protection and use of IP and technology. Maslon attorneys have structured, managed, negotiated, and drafted countless technology-related transactions and agreements worth hundreds of millions of dollars on behalf of—or across from—the world's largest companies and technology vendors. Our experience includes:

• Counseling clients on joint development agreements, joint ventures, and strategic alliances;
• Licensing software and other IP assets, including patents, trademarks, and copyrights;
• Advising clients throughout software development, including agile development;
• Drafting and negotiating complex agreements relating to software and computing, including software license agreements, data processing agreements, software as a service (SaaS) agreements, platform as a service (PaaS) agreements, infrastructure as a service (IaaS) agreements, application service provider (ASP) agreements, service level agreements, beta testing agreements, as well as shrink-wrap, click-wrap, browse-wrap, and end-user license agreements;
• Drafting and negotiating other technology-related agreements, such as payroll processing agreements, vendor management systems agreements, supply and distribution agreements, and support and maintenance agreements.
• Representing biotechnology, health care, and life science companies in highly regulated environments in product development and other collaboration agreements.

Trademark and Brand Management

A company’s brand is among its most valuable assets. Maslon attorneys regularly help clients across a wide range of industries protect, enforce, and monetize their brands. Our experience includes:

• Protecting and enforcing trademark portfolios, including registration, prosecution, and oppositions and cancellation proceedings;
• Obtaining copyright protection for creative materials;
• Obtaining trade secret protection for proprietary information and processes;
• Advising on the full range of issues covered by the Lanham Act, such as fair use, false and deceptive advertising, and unfair competition; and
• Advising on and negotiating brand licensing agreements.

Privacy and Internet Law

Businesses that process any form of personal information face a constant imperative to develop and maintain legally responsible privacy and cybersecurity regimes. Maslon attorneys have a depth of experience counseling clients on brand issues at the intersection of privacy, internet, and IP law, including:

• Privacy and IP issues relating to consumer data and data integrity;
• Website privacy policies and terms of use;
• Email and internet usage policies;
• Domain name protection, leases, and purchase agreements;
• Website design and hosting agreements; and
• Website advertising.

Artificial Intelligence

As companies seek to reduce costs and be more efficient, most will embrace—or have already embraced—AI in some capacity. Maslon’s IP & Technology attorneys can guide companies that are developing AI tools or evaluating AI solution vendors. Across assessment, implementation, and deployment, we add value at each stage by advising on critical issues relating to privacy, IP, governance, and more. Our capabilities include:

• Drafting responsible AI policies and procedures tailored to a company's risk tolerance and establishing clear guidelines and governance;
• Advising on privacy and IP issues relating to AI data input and integrity, as well as the prevention of unintended consequences from the use of that data, such as AI-related discrimination;
• Advising on contracts and complex licensing issues with AI solution vendors to ensure responsible AI practices across a company’s supply chain; and
• Keeping companies apprised of emerging AI regulation and case law.