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Devika Kornbacher

Devika Kornbacher Partner, Intellectual Property

Devika Kornbacher is an intellectual property and technology lawyer who leverages her extensive technological knowledge and experience to assist clients in such fields as energy, sports, aviation, software and hardware. 

Devika advises on obtaining, protecting, licensing, and enforcing intellectual property rights, as well as on other technology-related legal matters that might arise in all aspects of her clients’ business.

She is experienced in handling a wide array of transactions, including commercialization agreements, license agreements, reseller agreements, collaboration agreements, joint ventures, software development agreements and patent clearances. In addition she counsels clients on digital media, open source software, cybersecurity, and other technology-related issues.

Devika serves as the Chair of V&E’s Cybersecurity & Data Privacy Task Force and she heads the firm’s Technology Transaction Team. Chambers USA recognized Devika as “Up and Coming” in the field of intellectual property law in 2017 and 2018 and a “Recognized Practitioner” in 2019. 

Devika’s passion for technology and computers started when she was a child. She began programming at a young age and eventually received an engineering degree. She worked as a design engineer, designing near-shore and offshore oil and gas platforms in the Gulf of Mexico and off the coast of Nigeria before deciding to switch gears and pursue a legal career.

Devika has been designated a Certified Information Privacy Professional (CIPP/US) by the International Association of Privacy Professionals (IAPP). 

In addition to her active legal practice, Devika devotes time to supporting Children at Risk, a non-profit organization dedicated to improving the lives of children in Texas. She will become Chair of the Board of Directors of the organization in 2020.

Experience Highlights

  • Sunoco in the $3.3 billion sale of a majority of its convenience stores to 7-Eleven
  • Major sports leagues in drafting and negotiating technology agreements across from vendors such as Oracle, NextVR and Akamai in matters involving use of open source software, data services, streaming media, tracking systems, and other digital technologies 
  • Various companies in counseling with respect to internal and external transfers of personal data, including with respect to compliance with GDPR and EU-U.S. and Swiss-U.S. privacy shield frameworks
  • Healthcare government contractor in negotiating outsourcing agreements as part of large-scale overhaul of IT infrastructure and help desk
  • Taiwanese chip manufacturer in negotiating a development agreement with a large American augmented reality company for the development and manufacture of digital pixel sensor chips
  • Pizza Hut in development and implementation of digital loyalty program, including IT master subscription services agreements that leveraged SaaS big data platforms

Technology Transactions

  • Major sports league in negotiating agreements related to wearable technology for player tracking 
  • KFC in drafting and negotiation of agreements with broadband services provider 
  • Software services company in international distribution agreements for SaaS and on-premises platforms, terms of use, data privacy, cloud-based services, and strategic licensing
  • Building manufacturer in development and negotiation of collaboration and licensing agreements with software providers for integration of providers’ software into the manufacturer’s novel software offering 
  • Major entertainment company in counseling regarding open source software matters, including licenses for contribution of code to open source community 
  • An international chemical company in the licensing of its proprietary petrochemical technology for a polyethylene JV
  • Multinational conglomerates and early-stage companies in counseling related to various intellectual property matters including drafting terms of use and website development and hosting agreements

Cybersecurity & Data Privacy

  • Multiple companies in drafting privacy policies, in various industries including telecommunications, software, energy and oilfield services, real estate, social networking, transportation, and industrial
  • Various companies in development of information security programs 
  • A student loan collection company in defending information security risk assessment for Department of Education under Federal Information Security Management Act
  • A pharmaceutical company in counseling related to open source software and cybersecurity matters in connection with its acquisition of provider of cloud-based solutions for chronic respiratory disease management  
  • Dynamic tolling company in counseling regarding data privacy obligations related to consumers’ personal information 

Private Equity

  • Apollo Global Management in its equity investment in Infrastructure Networks, a provider of private broadband wireless LTE solutions
  • TPG Growth and The Rise Fund in the acquisition of CLEAResult, the country’s leading provider of efficiency solutions for utility companies, from General Atlantic
  • YouEarnedIt in an investment in the company by Vista Equity Partners
  • AVX Partners as the lead investor in the $11.3 million Class B Preferred Stock financing of Tasktop Technologies, a Canada-based software developer 
  • Saudi Aramco Energy Ventures, LLC, in its lead investment in Maana’s $26 million Series B funding, including diligence regarding big data manipulation platform 

Merger & Acquisitions

  • Select Energy Services in its $1.3 billion merger with Rockwater Energy Solutions 
  • Spredfast, a leading provider of social media management software and solutions, in the merger with Lithium Technologies via its private equity sponsor, Vista Equity Partners 
  • Lucid Energy Group II in the $1.6 billion sale of the company, an EnCap Flatrock Midstream portfolio company, to a joint venture controlled by investment funds affiliated with Riverstone Holdings and the Goldman Sachs Group 
  • Omega Protein in its $500 million sale to Cooke, a global seafood company based in Canada
  • Alon USA in the $464 million acquisition by Delek US Holdings of the outstanding shares of Alon common stock 
  • Socialware, a leading provider of social media compliance solutions, in its sale to Proofpoint 

Patent Analysis & Clearance

  • Oilfield services companies in patentability analysis and prosecution of patent applications related to perforating technology
  • Bain Capital in patent matters, including patentability analysis, in the acquisition of an oil and gas tools company 
  • Oilfield equipment designer in drafting non-infringement opinions as clearance due diligence for an oilfield tool 
  • Hedge fund in analysis of patents and applications related to paper manufacturing technology

Finance

  • Gulf Coast Ammonia (a joint venture of Agrifos and Borealis) in intellectual property efforts related to the development and financing of a world-scale ammonia project in Texas 
  • Venture capital firm in intellectual property efforts related to financing of software providers
  • Financial company in intellectual property efforts related to the financing of solar projects 
  • Financial company in intellectual property efforts related to financing of mercury control company
  • Oil and gas company in intellectual property due diligence in debt offering in connection with divestment of the company


Contact Details

T +1.713.758.2757
F +1.713.615.5219
dkornbacher@velaw.com
1001 Fannin Street
Suite 2500
Houston, TX 77002
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T +1.212.237.0115
F +1.713.615.5219
dkornbacher@velaw.com
666 Fifth Avenue
26th Floor
New York, NY 10103
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Devika's Practices

  • Harvard Law School, J.D., 2006 (Research and Technology Director, Harvard Legal Aid Bureau; Honorable Mention, Williston Contract Drafting and Negotiation Competition; Harvard Journal of Law and Technology)
  • University of Houston, B.S.C.E. cum laude, 1998 (Alpha Lambda Delta-Pi Eta Sigma; Tau Beta Pi Engineering Honor Society; Vice President, Chi Epsilon Civil Engineering Honor Society)
  • Admitted to practice: Texas; New York; United States Patent and Trademark Office
  • Before practicing law, as a structural engineer, Devika designed near-shore and offshore oil and gas platforms in the Gulf of Mexico and off the coast of Nigeria.
  • Chambers USA, Intellectual Property (Texas), 2017-2019; “Up and Coming”, 2017 and 2018; Recognized Practitioner, 2019
  • Chair: IAPP KnowledgeNet – Houston Chapter
  • Member: International Association of Privacy Professionals, Texas Bar Foundation, Houston Young Lawyers Foundation, Honorable Nancy F. Atlas Houston Intellectual Property American Inn of Court, Licensing Executives Society
  • IP Council Member: State Bar of Texas Intellectual Property Section