Case Studies

Transactions & Strategic Counseling

Internet/Software

Delving into the IP details to mitigate business risk

A longtime L&A client acquired a new business unit with innovative, but undocumented, proprietary software that enables users to evaluate and purchase technology products. They turned to L&A for help in identifying, documenting, and protecting the intellectual property of the acquired business.   The challenge was complex, as the software consisted of several interrelated applications running on a variety of computing platforms. Some applications served as a browser-based interface to customers of the acquired business, while others manipulated and presented data solely for internal use by the business unit. The software had an established name presence within the industry and was critical to the operations, and business value, of the acquired business. Yet the knowledge required to maintain and enhance the software was possessed by only a few select individuals. L&A attorneys recognized not only the importance of identifying and protecting the client’s intellectual property investment in the acquired company, but also the need to reduce the business risk associated with limiting valuable technical knowledge to relatively few employees. Our attorneys worked with a team of consultants and client personnel to develop detailed technical documentation for maintaining and enhancing the software. In addition to providing technical know-how to software development staff, this documentation served as a basis for assessing the client’s options for trademark, trade secret, and copyright protection. Leveraging this information, L&A attorneys applied for multiple trademark and copyright registrations, worked with the client to evaluate and strengthen the client’s trade secret policies, and identified software elements that may qualify for future patent protection.   L&A’s involvement helped to integrate the new business unit as well as to secure and to effectively merge the client’s intellectual property assets, leaving the client better positioned after the acquisition.

 

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