Licensing and Technology Transactions
Overview
When effectively structured and executed, licensing and technology transactions generate significant economic value, leading to growth and competitive advantage. Nutter works with early stage to well-established companies on evaluating, structuring, drafting, and negotiating licenses, collaborations, customer agreements, and other technology and licensing law transactions. Our counseling covers a wide range of contexts that arise in the business, research, and nonprofit sectors.
Nutter’s licensing law team brings years of experience across many transaction structures, territories, product stages, and technologies, including transactions with other drivers, such as equity or R&D investment, option and stage-acquisition rights, complex financing and tax structures, and territory sharing. As licensing lawyers, we advise clients on a variety of complex transactions and novel deal structures, including:
- Application service provider and infrastructure as service agreements
- Co-development, co-commercialization, co-promotion, and marketing agreements
- Discovery collaborations
- Distribution, manufacturing, and supply agreements
- Equity investments, credit facilities, and other off-balance sheet funding mechanisms
- Hardware and software system purchase agreements
- Intellectual property licensing, including patents, trademarks, and copyrights
- Open source software
- Option-based structures
- Profit sharing and other complex financial arrangements
- Research and development agreements
- Reseller agreements
- Royalty agreements
- SaaS
- Software license and subscription agreements
- Spin-offs, divestitures, and out-licenses
- Strategic alliances, joint ventures, and collaborations
- Technology escrow agreements
- Technology joint ventures
- Technology license agreements
Experience
- Strategic Cyber LLC
Nutter advised Strategic Cyber LLC in connection with its acquisition by HelpSystems, a Minnesota-based IT software company.
- Bankruptcy Auction
Nutter represented clients in restructuring and bankruptcy auction cases that involved transferring intellectual property assets.