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Intellectual Property Counseling

In today’s rapidly changing, interconnected marketplace, companies must stay ahead of the curve to protect their competitive edge. To protect clients’ intellectual property assets, Vinson & Elkins’ Intellectual Property Counseling practice assesses and analyzes clients’ technologies and their intellectual property portfolios to identify both opportunities and roadblocks. We work closely with clients to develop a comprehensive strategy to maximize intellectual property protection, minimize the risk of intellectual property litigation, and help implement licensing strategies, always with the clients’ business goals at the forefront.

V&E lawyers provide advice and guidance on obtaining foreign and domestic patent rights, trademark rights, and copyrights. We also help clients navigate inbound and outbound licensing campaigns, and related technology transfers. And clients turn to us to assess potential intellectual property issues, to evaluate options for either avoiding expensive litigation or advantageously positioning the client in the event litigation occurs. We also provide our clients, where appropriate, with freedom-to-operate, non-infringement, and invalidity opinions.

Our team has extensive experience in a variety of industries, including computers, software, wireless communications, oil and gas, media, sports, life sciences, pharmaceuticals, food and agriculture, consumer products, aerospace, and clean energy. This experience across a range of industries allows us to offer valuable and unique insight into intellectual property counseling matters.

Experience Highlights

  • 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 

  • LiveOak Venture Partners in  intellectual property efforts related to its Series A financing of CS Disco, a legal technology company that provides e-discovery software 

  • Represented a corporation in connection with negotiation of primary license agreement with university for all intellectual property rights regarding carbon nanotechnology

  • Drafted non-infringement opinion, as clearance due diligence for a polymer manufacturer

  • Represented a major oil company with respect to all intellectual property matters in $3.6 billion transaction to acquire oil and gas properties dependent upon use of CO2 technology, including negotiating a license agreement of intellectual property rights related to CO2 technology

  • A food company with respect to intellectual property in the $110 million acquisition of food brands in Mexico

  • An energy trading company in intellectual property efforts related to the sale of the business reportedly valued at nearly $1 billion, including a complex system of owned and licensed software programs

  • 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

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