Software

Advise Software Companies in EU and National Legislation

Patent and ITC Litigation Involving Major Japanese Electronics and Software Company

Representation of major Japanese electronics and software company in defense of patent infringement claims at the ITC involving combination of software and hardware for graphical interfaces and systems for three dimensional pointing.

Advise Software Company in Leveraged Buyout Transaction

Representation of Fairfield Language Learning, the developer of Rosetta Stone software, in a leveraged buyout transaction by ABS Capital and Norwest Equity Partners.

FTC Investigation Involving Microsoft's Passport Internet Authentication Service

Microsoft in the FTC’s groundbreaking investigation and agreement related to Microsoft’s Passport Internet authentication service, which was the FTC’s first consent agreement under Section 5 of the FTC Act to impose information security commitments related to the protection of personal information.

Trade Secret Litigation Involving Electronic Design Automation

Representation of Hewlett-Packard in a trade secret case involving electronic design automation (EDA) technology.

Check Point Software Technologies' Acquisition of NFR Security

Representation of Check Point Software Technologies in its acquisition of NFR Security and proposed acquisition of Sourcefire.

Advised UK-headquartered Software Developer

Advised founders of a UK-headquartered developer of software for the creative arts industry in its sale to a U.S.-based diversified technology company.

Advise Multinational Sharing Economy Company Network

Advise a U.S. multinational sharing economy network company on whether their new service offering in the EU qualifies as an "information society service" and the implications of that determination under EU law.

Advising a Leading Global Technology Trade Association

Advising a leading global technology trade association and its members on the application of existing U.S. anti-discrimination laws to artificial intelligence systems.

Advising Leading Global Technology Service Provider and Trade Association

Advising a leading global technology service provider and a global technology trade association on ethics guidelines published by the EU High Level Expert Group on Artificial Intelligence.

Advising Leading Global Technology Service Provider and Trade Association on Ethics Guidelines

Advising a leading global technology service provider and a global technology trade association on ethics guidelines published by the EU High Level Expert Group on Artificial Intelligence.

Advising a Global Trade Association on Possible U.S. Claims

Advising a global trade association on possible U.S. State Attorney General claims involving anti-competitive uses of data for analytics and related purposes.

Advise Multinational Technology Companies and Trade Association on European Commission Proposals

Advise numerous multinational technology companies and global trade association on European Commission proposals to adopt a new Digital Single Market Copyright Directive, and provide advice on implications of final Directive text as adopted.

Assist U.S. Online Services Provider on European Commission's Disinformation Code of Practice

Assist a leading U.S. online services provider on assessing its practices with regard to the European Commission’s Disinformation Code of Practice.

Representation of Microsoft in Landmark Case Involving Data Stored Abroad

Successfully challenged U.S. government warrant seeking data stored in Ireland. After a favorable decision from the Second Circuit—and while the Supreme Court was reviewing the case—Congress enacted the CLOUD Act, a modernized framework for cross-border data requests. See United States v. Microsoft Corporation, No. 17-2 (U.S.).

Advising an Emerging Technology Company on Wireless Charging Patent

Advising an emerging technology company on the in-licensing of wireless charging patents and other intellectual property from a UK university.

Advised UK-based Clinical AI Company Sensyne Health

Advised Sensyne Health, a UK-based clinical AI company, on: a collaboration with Bayer to analyze patient data from the UK National Health Service using Sensyne’s clinical artificial intelligence platform and apply the findings to Bayer’s cardiovascular disease pipeline; Jefferson Health to evaluate the clinical and commercial potential of its GDm-Health™ system in the United States; novel strategic research and data processing; and agreements with the Chelsea and Westminster Hospital National Health Service (NHS) Foundation Trust, the Oxford University Hospitals NHS Foundation Trust, and the South Warwickshire NHS Foundation Trust.

Advising on Open Source Issues

Advising a technology company on complex open source issues.

Advising Private Equity Investor

Advising Private Equity Investor on the intended acquisition of global IT service provider.

Advising Global Automotive Suppliers on Open Source Issues

Advising one the leading global automotive suppliers in complex open source issues.

Hewlett-Packard ITC Section 337 Investigation

Representation of Hewlett-Packard in the ITC Section 337 Investigation: Wireless Communication Devices and Systems, USITC Inv. No. 337-TA-775 (Respondent).

Expedia/Orbitz Transaction

Secured a significant victory for Expedia (and consumers) in its $1.3 billion acquisition of Orbitz. The DOJ closed its “second request” investigation without taking any enforcement action.

Development of Internal Guidelines for Law Enforcement Requests

Regularly assist global businesses in developing internal guidelines for responding to law enforcement requests, including by identifying and advising on relevant legal obligations and assessing best practices for responding to government requests for customer data. We help clients develop procedures for addressing conflict-of-law issues that arise when receiving law enforcement requests from countries worldwide, with an eye toward creating efficient and scalable solutions.

Successful Challenge of FBI National Security Letter

Challenged issuance of an FBI National Security Letter (NSL) seeking customer information from a global technology company; after this challenge, the FBI withdrew the NSL.

Litigated Successful Constitutional Challenge

On behalf of Microsoft, successfully challenged a gag order statute that allows courts to forbid technology companies from telling their customers about demands for their data under the Electronic Communications Privacy Act (ECPA). The lawsuit resulted in nationwide reform of the government's practices under the statute. See Microsoft Corporation v. United States Department of Justice, No. 2:16-cv-00538-JLR (W.D. Wash.).

Litigation Resulting in New Rules on Customer Access to Government Data Demands

Representation of technology client in Foreign Intelligence Surveillance Court litigation challenging restrictions on technology company disclosures about government surveillance. The litigation resulted in new rules that allow technology companies to give their customers more information about how often the government demands customer data. See In re Motion to Disclose Aggregate Data Regarding FISA Orders, Misc. No. 13-04 (FISA Ct. 2014).

Investcorp on Acquisition of HR Software Provider

Represented Investcorp Technology Partners on its acquisition of Berlin-based Softgarden, a human resources software provider.

Microsoft Transactions

Representation of Microsoft Corp. in its $8.5 billion acquisition of Skype Communications S.à.r.l., the largest acquisition in the company’s history, in connection with its $4.5 billion acquisition of certain Nortel patents, in its $7.2 billion acquisition of the handset division of Nokia, and its $2.5 billion acquisition of Mojang, the developer of Minecraft.

Microsoft Technology Patent Litigation

Representation of Microsoft in patent litigation matters involving a variety of software and related technologies, including obtaining a transfer out of the Eastern District of Texas in a case relating to video conversion technology.

Samsung Electronics Patent Litigation

Representation of Samsung Electronics in numerous patent litigation matters in both U.S. District Courts and the U.S. International Trade Commission, involving technologies such as DLP televisions, LED’s, MLC flash memory, printer software, tablets and smartphones.

Successful Mediation of Multi-Million Dollar Software Errors and Omissions Claims

Representation of a major software company in the successful mediation of multi-million dollar software errors and omissions insurance claims.

Successful Resolution for Bockstar Technologies in an IPR Proceeding

Representation of Bockstar Technologies LLC as patent owner in an IPR proceeding brought by Cisco Systems Inc., challenging the validity of four patents related to routers, switches, and computerized telephony. Covington filed substantive initial responses for three of the four petitions. The PTAB rejected one of the petitions in its entirety, and instituted only as to a single patent claim in a second petition—effectively eliminating half of Cisco’s petitions at a single stroke. The proceedings were terminated shortly thereafter as part of a global settlement.

Advising a Pharmaceutical Company on a Collaboration with an Emerging Technology Company

Advising a pharmaceutical company on a collaboration with an emerging technology company for the development, licensing and commercialization of a connected drug delivery device.

Advising a Leading Health Service Provider on a Collaboration with an NHS Trust

Advising a leading health service provider on a collaboration with an NHS Trust to collaborate on the development of a range of AI-driven digital health solutions for patients.

Advising a Leading Insurance Software Group

Advising a leading insurance software group on drafting and negotiating contracts for software licensing, maintenance and consultancy services.

Advising Provider of On-demand Video Streaming Services

Advising a leading provider of on-demand video streaming services on its successful claim against the developer of the underlying software platform for delivery up of source code.

Advising Multinational Technology and Ecommerce Company on Procurements

Advising major American multinational technology and ecommerce company on issues related to procuring enterprise software and technology solutions.

Advising Multinational Technology Companies and Associations on Proposed E-evidence Regulation

Advising a number of multinational technology companies and trade associations on the European Commission's proposed Electronic Evidence Directive and Electronic Evidence Regulation, which would facilitate the ability of EU law enforcement authorities to compel U.S.-based online service providers to disclose user data in criminal investigations.

Advising a Multinational Technology Company on Compliance with EU Accessibility Directive

Advising a U.S. multinational technology company on compliance with the EU Accessibility Directive, which  harmonizes EU rules on making products and services accessible to people with disabilities.

Advising Client Efforts in Analysis of Patient Information

Advising clients in the life sciences, healthcare and technology sectors on collaborations with hospitals and hospital systems in respect of the analysis of patient information, including: advising on laws and regulations governing the collection and use of patient information; structuring, negotiating and drafting collaboration agreements between life sciences and technology companies; advising on data-driven revenue models; drafting and negotiating data processing agreements under GDPR and business associate agreements under HIPAA; advising on the regulation of the provision of healthcare services.

Microsoft Ireland Case

Representing Microsoft before the U.S. Supreme Court in its challenge to the government’s attempt to compel disclosure of customer emails stored in Ireland using a search warrant. The case set Irish and European privacy law and national sovereignty against U.S. law enforcement needs and raised a whole host of issues relating to demands for data by government agencies from another country.

Significant Privacy Case Before the Irish High Court

The Irish High Court referred the validity of the Standard Contractual Clauses used as a basis to transfer data and specifically whether they are compatible with the EU treaties to the EU Court of Justice. This is an amicus brief where we will appear on behalf of our client alongside the U.S. Government in making submissions before the EU Court of Justice.

Advise Large Software Company on Copyright Issues for Live-Streaming and Video Games

Representation of a large software company on copyright issues related to live-streaming and video gaming issues.

Represent BSA | The Software Alliance in a Landmark Data Protection Case Before the European Court of Justice

Represented BSA | The Software Alliance as formal intervenor in litigation before the ECJ assessing the validity of the European Commission’s Standard Contractual Clauses under the GDPR on the EU-US Privacy Shield.

Internal Audits and GDPR Compliance

Assist a U.S. multinational technology company with an internal audit of their practices relating to user data and the extent to which these practices complied with their contractual and GDPR commitments.