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Software IP Litigation

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Holland & Knight's Software IP Team has significant experience with software-related litigation (offensive and defensive), patent prosecution, copyright and trade secrets issues, as well as the Computer Fraud and Abuse Act. Our team includes lawyers who have practical experience developing source code, as well as understanding software platforms, algorithms and related technologies. We intertwine that technical and industry knowledge with a core understanding of the expressive, functional and secrecy issues at play in IP law.

OUR COMPREHENSIVE REPRESENTATION INCLUDES:

WE ADVISE CLIENTS FROM ACROSS THE INDUSTRY: Telecommunications We regularly represent telecommunications clients, such as wireless carriers and providers of wireless devices and wireless infrastructure. We have deep technical knowledge in cellular and other wireless standards, including the standard setting process. Cybersecurity We represent software companies that specialize in protecting critical systems and safeguarding data, such as cybersecurity, data security and privacy.

Web Hosting and Development We have a wealth of experience in handling functionality, relational databases and other e-commerce matters. Retail We assist retail companies with patent infringement matters, contract disputes, trade secrets and matters involving technology surrounding digital coupons, point of sale systems, loyalty cards and shopping carts.

REPRESENTATIVE MATTERS

The following lists representative matters that the Software IP Team has handled over the past decade:

 Represented a leading provider of business communication solutions, in copyright infringement, breach of

contract and trade secret misappropriation suits against a key industry competitor. The case revolved around alleged copyright infringement, and whether the success of our client's products and services was attributable to the alleged infringement; the parties reached a mutual settlement for all disputes prior to trial.  Defended a telecommunications infrastructure equipment company in a patent dispute involving 4G LongTerm Evolution (LTE) radio base stations; the case focused upon LTE wireless standards and, in particular, handover procedures. The parties reached a mutual settlement for all disputes prior to trial.  Defended a smartphone handset manufacturer, against software patents related to uplink data transmissions and handover of mobile connections from one base station to the next. As part of that case, Holland & Knight attorneys not only developed a deep understanding of the LTE standard specifications, but also reviewed baseband chip firmware / software implementing the protocols.  Represented a leading computer software security company in patent-infringement and trade-secret misappropriation suits against defendants related to dynamic instrumentation and monitoring of compiled software byte code.


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