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“[BakerHostetler] has a very strong team and we look for it to be our go-to firm on these issues given its deep capability, its dedicated service to clients and its commercial awareness.”

— Chambers USA 2013

BakerHostetler’s Software team has broad and deep experience representing companies in all facets of the software business.

  • Advised on Dassault Systèmes S.A.’s acquisition of Apriso Corporation for $205 million and on the U.S. aspects of its purchase of a controlling interest in Realtime Technology AG for $245 million.
  • Represented Dassault Systèmes S.A., a France-based 3-D-design software manufacturer, in its acquisitions of Intercim LLC, a manufacturing and production operations management software company; Enginuity PLM LLC, a formula-based product life cycle management solutions company; and RiWebb Incorporated, a provider of innovative technology solutions and product life cycle management services.
  • Advised Envision Pharmaceutical Holdings, LLC, in its acquisition of Laker Software, Inc.
  • Represented Investcorp, the parent company of publisher SourceMedia, Inc., in a $28 million tender offer by its technology private equity vehicle, Investcorp Partners III, LP, for a significant minority stake in Thought Equity Motion, a Colorado cloud-based video management and footage licensing services provider.
  • Advised CallCopy, Inc. (dba Uptivity), in its acquisition by inContact 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 (DMCA), cloud computing, information security compliance and general commercial contracting; and handled the company’s trademark and copyright portfolio.
  • Represented Soft Computer Consultants, Inc., 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.
  • Represented Microsoft in a declaratory judgment action in federal court involving patent infringement claims by DataTern against Microsoft’s 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.
  • Provided a U.S.-based software and consumer electronics manufacturer with patent portfolio development, counseling and intellectual property litigation services since the late 1990s, 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 major 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 United States. We advised the company on the development and implementation of “bring your own device” (BYOD) policies and policies governing public Internet access at sites.
  • Defended Eisenhower Medical Center 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.
  • Represented a software company in connection with its response to the detection of malware in its network environment.

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