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Devika Kornbacher

Devika Kornbacher Partner, Intellectual Property

Devika leverages her background and experience to assist clients in obtaining, protecting, licensing, and enforcing intellectual property rights, with a particular emphasis on technology law in the context of mergers, acquisitions, investments, project development and day-to-day business transactions.  She counsels clients in fields such as energy, sports, aviation, software and hardware on digital media, open source software, cybersecurity, and other technology matters.  She also has experience with a wide-array of transactions, including commercialization agreements, license agreements, reseller arrangements, collaboration agreements, joint ventures, software development agreements, and patent clearances.

Devika has also been designated a Certified Information Privacy Professional (CIPP/US) by the International Association of Privacy Professionals (IAPP) and serves as the Chair of the Firm’s Cybersecurity & Data Privacy Task Force.

Experience Highlights

  • Major sports leagues in counseling on intellectual property matters involving use of open source software, data services, tracking systems, and other digital technologies
  • 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  
  • Venture capital firm in intellectual property efforts related to the sale of three software companies to the management of each company
  • Riverstone Holdings’ information technology team in transfer and acquisition of software and hardware necessary to operate recently-acquired power plants

Digital Media & Technology

  • A multinational conglomerate in counseling related to various intellectual property matters including drafting terms of use and website development and hosting agreements 
  • Saudi Aramco Energy Ventures, LLC, in its lead investment in Maana’s $26 million Series B funding, including diligence regarding big data manipulation platform 
  • Major sports leagues in counseling related to potential investments in and licensing transactions with virtual reality companies
  • RunTitle, the first online marketplace for mineral acreage title information, in various intellectual property matters including drafting terms of use, privacy policy, and consulting agreements
  • Cable network in counseling regarding use of open source software in streaming technology, including development of open source software policies
  • Aviation company in exclusive licensing of SMS customer service software
  • Global electrical products manufacturer in negotiation of master OEM reseller agreement relating to software and services

Cybersecurity & Data Privacy

  • Kinnser Software, a healthcare software provider, in counseling regarding data privacy obligations 
  • Dynamic tolling company in counseling regarding data privacy obligations related to consumers’ personal information 
  • A multinational conglomerate in counseling regarding implementing reasonable data protection measures
  • Oil and gas company in counseling on addressing cybersecurity in vendor agreements
  • Major sports league in counseling regarding implementation of information security program, including negotiation of agreements with security vendors
  • Drafted privacy policies for several companies, including a telecommunications company, oilfield services company, pipe supply company, and real estate company

Licensing & Technology Transfer

  • Provider of prescription management software solution for compounding pharmacies in drafting of form agreements with customers and partners
  • Developer in drafting and negotiation of license agreements for the intellectual property required to engineer, construct, and operate a multi-billion dollar carbon capture plant in UAE
  • Duke Energy, as licensee, in counseling regarding effect of licensor’s bankruptcy on licensed intellectual property related to batteries
  • Teva Pharmacueticals in due diligence and preparing documents in connection with commercialization and licensing of third-party pharmaceutical technology
  • Apache Corporation in counseling regarding structuring and licensing matters related to liquid natural gas project
  • Saudi Aramco Energy Ventures in intellectual property efforts for licensing and development of third-party ethylene and power production technology 

Private Equity

  • Venture capital firm in intellectual property efforts related to an investment in wearable technology company 
  • RunTitle, the first online marketplace for mineral acreage title information, in intellectual property matters related to an $8 million Series A Preferred Stock financing with primary investors Austin Ventures and Founders Fund
  • Private equity firm in intellectual property efforts related to the simultaneous investment in related pumping oil field services companies
  • Austin Ventures in intellectual property efforts related to its acquisition of SAM, Inc., a surveying, mapping and geospatial solutions company
  • Saudi Aramco Energy Ventures in intellectual property efforts, including non-infringement analysis, related to the $20 million Series D financing of Rive Technology, a hydrocracking catalyst company
  • TPG Capital in intellectual property efforts related to its $300 million acquisition of a minority stake in M&G Chemicals, a chemicals manufacturing and engineering company and a leading global supplier of polyethylene terephthalate, including holdings in Latin America
  • SailPoint Technologies in due diligence and coordination of all intellectual property efforts related to Thoma Bravo’s significant equity investment in the company, an identity and access management provider 

Merger & Acquisitions

  • Moneygram International in its $1.2 billion sale to Hong Kong-based Ant Financial, one of the world's leading digital financial services providers (pending)
  • Sunoco in the $3.3 billion sale of a majority of its convenience stores to 7-Eleven (pending) 
  • Spredfast in intellectual property matters related to its acquisition of Shoutlet, a social data integration company
  • Occidental Petroleum Corporation in the transfer and acquisition of all software and hardware related to the spin-off of its California oil and gas business into an independent and separately traded company, California Resources Corporation
  • Oman Oil Company in litigation and intellectual property due diligence related to its $2.4 billion acquisition of the Oxea Group, the world’s largest supplier of Oxo chemical products, with plants in Germany, the Netherlands and Texas 
  • Cirrus Logic in intellectual property efforts related to its $488 million acquisition of Wolfson Microelectronics, a supplier of mixed-signal semiconductor devices and audio solutions for the consumer electronics market 
  • Mitsui & Co., Ltd. in intellectual property efforts and due diligence related to its agreement with DuPont to purchase DuPont’s global Kocide and ManKocide copper fungicide assets, which involved a two-stage closing and supply agreement with seller
  • Huntsman Corporation in intellectual property due diligence and transaction negotiations related to its $1.1 billion acquisition of performance additives and titanium dioxide businesses with several entities in Europe and the U.S.

Patent Analysis & Clearance

  • Oilfield services company 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

  • 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 +1.713.758.2757
F +1.713.615.5219
dkornbacher@velaw.com
666 Fifth Avenue
26th Floor
New York, NY 10103-0040
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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 andTechnology)
  • 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), “Up and Coming”, 2017
  • 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