Software

Overview

“[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. The lawyers on our Software team understand the needs of the many different players in the software market, from start-ups to developers and individuals to major corporations and are versed in the legal implications of significant trends such as:

  • The shift from physical infrastructure to cloud infrastructure and the evolution of SaaS
  • The continuing shift from desktop or PC computing to mobile computing
  • The lingering threat of unlicensed software use
  • The rise of data privacy risk and extreme data
  • The changing landscape of the availability of software patent protection

BakerHostetler has the knowledge and experience needed to assist software clients in navigating a fast-changing legal environment. Indeed, BakerHostetler has advised numerous software companies, including Microsoft, SAP, Dassault Systèmes, Guidance Software, Seagate Technology, Vertafore, CSS, Hyland Software, HP Enterprise Services, Experts Exchange, Soft Computer Consultants, World Programming Limited and Hybris Corporation. Many of the practitioners on the BakerHostetler Software team have been ranked as top-tier lawyers by Chambers USA, The Best Lawyers in America©, Legal 500 and Super Lawyers.

Corporate and Business Advice

Lawyers on the Software team collaborate with our nearly 200 business, IP, corporate, data privacy and tax attorneys to advise its software clients. The lawyers on the Software team not only speak the language of the software business but also understand the myriad attendant legal issues. We have routinely advised software clients on issues such as:

  • Big data
  • Cloud computing
  • Data privacy
  • E-commerce
  • Employment
  • Interactive gaming
  • Licensing
  • Mergers and acquisitions
  • Non-competition and employee defection
  • Open source
  • Outsourcing
  • Patents, copyrights and trade secrets
  • Standards and issues in dealing with standards-setting bodies
  • Software as a service
  • Taxation
More »
Litigation and Dispute Resolution

Litigation is just part of doing business in the software world. BakerHostetler has an impressive roster of litigators and trial lawyers versed in the intricacies of complex litigation who are available to assist in either pressing or defending a claim, in such areas as patents and copyrights, trade secret misappropriation, commercial litigation, breach of license, breach of non-competition agreement, employment and data breaches, to name just a few. Named Privacy Practice Group of the Year for two years in a row, BakerHostetler has represented clients in some of the most significant privacy litigation in recent years.

Intellectual Property

Patents, copyrights, know-how, trade secrets and domain names are often the most valuable assets of a software company. Our Software team has the hands-on knowledge necessary to help clients secure and use their IP assets for maximum competitive advantage and to defend against IP claims. Indeed, many of our IP lawyers are technologists who worked in the technology industry before becoming lawyers. Our experience and reputation have earned us recognition by Chambers USA for 11 consecutive years, and our practices in information technology, patent, and technology law each received a National First-Tier Ranking from The Best Lawyers in America© 2013 edition (Copyright 2012 by Woodward/White, Inc., of Aiken, S.C.).

Employment

From wage-and-hour classification and recruiting and retaining employees to protecting trade secrets and designing non-compete agreements, the labor and employment arena is fraught with challenges for software companies. Our extensive network of employment lawyers has consistently been ranked among the best in the nation and has the experience to guide clients through the full range of employment law issues in this highly competitive environment. In addition, the BakerHostetler employment team is fully integrated into the broad spectrum of our legal services so that we can find and help implement the most efficient and effective solutions to our clients’ issues.

Tax

Tax issues affect every segment of the software industry. Whether the issue is expansion, corporate transactions, employee benefits, federal and state research credit, or tax-related litigation, the BakerHostetler team can assess the legal landscape and provide answers. Our knowledge spans the spectrum of tax law, from multinational challenges to federal, state and local regulations. We are proactive in exploring the use of innovative tax strategies, including tax credit finance and economic development incentives. With deep technical understanding of this complex area, our more than 80 tax attorneys nationwide are experienced in developing solutions that support our clients’ business goals while minimizing their tax burdens.

Select Experience

  • 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.
More »

Professionals

Name Title Office Email
Partner Costa Mesa
Of Counsel Atlanta
Partner Seattle
Partner New York
Partner New York
Partner Philadelphia
Partner Costa Mesa
Partner New York
Partner Los Angeles
Partner Seattle
Partner Philadelphia
Counsel New York
Partner Cleveland
Counsel Cincinnati
Partner Cincinnati
Partner Washington, D.C.
Associate New York
Partner Cleveland
Partner Chicago
Partner Cleveland
Partner Philadelphia
Partner Cincinnati
Associate Costa Mesa
Partner New York
Partner Cleveland
Partner Cleveland
Associate Seattle
Partner Philadelphia
Partner Philadelphia
Partner Philadelphia
Associate Seattle
Partner Houston
Partner Seattle
Partner Seattle
Partner Cleveland
Associate Atlanta

Experience

  • 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 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.
  • 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.

Recognition

  • BTI Client Service 30: BakerHostetler advanced 19 positions to #9 (2016)

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Press Releases

Key Contacts

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In The Blogs

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IP Intelligence: Insight on Intellectual Property
Visual Memory v. NVIDIA: The Importance of a Robust Written Description
August 17, 2017
Introduction In Visual Memory v. NVIDIA (Fed. Cir. 2017), the Federal Circuit reversed the district court’s holding that Visual Memory’s U.S. Patent No. 5,953,740 is drawn to patent-ineligible subject matter. Instead, the court ruled that...
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IP Intelligence: Insight on Intellectual Property
Federal Circuit Suggests Solution to Patent Owner's Dilemma When Applicant for Biosimilar Product Refuses Discovery
By Allen M. Sokal
August 14, 2017
In Amgen, Inc. v. Hospira, Inc., Appeal No. 2016-2179 (Fed. Cir. Aug. 10, 2017), the Federal Circuit suggested what an owner of a reference product suing an applicant for a biosimilar under the Biologics Price Competition and Innovation...
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IP Intelligence: Insight on Intellectual Property
Regeneron Pharmaceuticals, Inc. v. Merus N.V.: The Federal Circuit Revisits the Defense of Inequitable Conduct
August 4, 2017
In Regeneron Pharmaceuticals, Inc. v. Merus N.V., No. 2016-1346, slip op. (Fed. Cir. July 27, 2017) (hereafter, “Slip Op.”), the Federal Circuit seems to have loosened the standards for finding a patentee culpable of inequitable conduct...
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IP Intelligence: Insight on Intellectual Property
USPTO Report on Patent Eligible Subject Matter
July 26, 2017
  On July 25, the USPTO published a new report titled “Patent Eligible Subject Matter: Report on Views and Recommendations From the Public.” The report attempts to synthesize public comments on the appropriate boundaries of patent eligible...
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Employment Law Spotlight
Pokémon – A Wake-up Call to Employers on the Importance of Electronic Use Policies
August 8, 2016
As my 11-year-old begs to borrow my mobile device to catch a Pokémon, I become one more Generation X member unwittingly joining the millions of millennials participating in an augmented reality game. For employers, Pokémon demonstrated...
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