Practice Areas

Technology Transactions

Our lawyers have extensive experience representing some of the world’s most innovative companies on transactions involving significant intellectual property, information technology, software, and data rights. Because we know technology, we speak our client’s language and understand the rights and protections that our clients need throughout their product and business growth cycles.

The following is a partial list of services we provide to our clients:

  • Negotiating complex technology transactions, including alliance, reseller and joint venture agreements;
  • Creating, consolidating, or updating on-line product and service terms of use;
  • Negotiating master service agreements;
  • Drafting sponsored academic research agreements;
  • Negotiating agreements for the joint development and commercialization of products and services;
  • Negotiating outsourcing agreements;
  • Licensing-in, and licensing-out IP and technology, and;
  • M&A transactions involving technology and IP.

Healthcare IT

Our Healthcare IT practice combines two areas of law and experience that few law firms can match. Our attorneys have a rare combination of in-depth information technology experience and real-world experience representing some of the world’s largest healthcare technology companies. Our Healthcare IT clients benefit from our understanding of the nuances of IT, healthcare law, HIPAA, and years of experience successfully closing high-stakes transactions for the most demanding clients in the industry.

We assist our clients with a wide array of healthcare IT matters, including:

  • Commercializing healthcare related products and services;
  • Navigating the complex and changing regulatory environment, including HIPAA;
  • Data rights protection, data use licensing, and monetization;
  • Creating privacy policies and terms of use for websites and web-based offerings;
  • Drafting or negotiating Business Associate Agreements, and;
  • Entering into strategic relationships with industry partners and value added resellers.

Patents and other Intellectual Property

Our Intellectual Property practice focuses on helping our clients protect, acquire and commercialize their valuable intellectual property assets. Our experience encompasses a wide array of industries and technologies, including software, healthcare, healthcare IT, digital media, robotics, food and beverage, and big data, just to name a few.

Markwith Law provides the following intellectual property related services:

Patents

Our Patent practice focuses on helping our clients protect some of their most innovative developments. Patents can allow the inventor to preclude competitors from practicing the patent, which can help create a competitive advantage in the marketplace.

Our patent related services include:

  • Reviewing innovations for potential patentability;
  • Drafting and filing patents;
  • Patent cross-licenses and freedom to operate agreements;
  • Strategic IP portfolio analysis and management;
  • Acquiring, selling, and licensing patents, and;
  • Establishing and managing best in class patent programs.

Trademark, Copyright, & Internet

Our Trademark, Copyright, and Internet practice focuses on helping our clients in the fast growing areas of e-commerce and social media.

We have assisted clients with:

  • Trademark counseling, protection, and licensing;
  • Copyright counseling, protection and licensing, and;
  • Digital Millennium Copyright Act (DMCA) counseling for online service providers.

Open Source Software (OSS)

Our OSS practice includes counseling on all aspects of OSS use, compliance and risk mitigation. While OSS use in the software development process has become almost ubiquitous, using OSS in a non-compliant manner may lead to unnecessary risks associated with breach of contract claims, copyright infringement claims, and risks to the developer’s IP rights.

We frequently assist clients with the following OSS related legal services:

  • OSS compliance review of mixed source commercial products, including review of OSS reports generated by commercial OSS scanning services such as Black Duck;
  • Mitigation of OSS license non-compliance, including drafting required OSS license attribution documentation;
  • OSS due diligence during M&A, and;
  • Creation of internal OSS use policies.