Doing Business With Others Without Giving Away the IP Farm: Strategic Alliances and Other Joint Development Agreements

Foley invites you to participate in the next installment of the Software & Information Industry Association (SIIA) Legal & Accounting Webcast Series: "Doing Business With Others Without Giving Away the IP Farm: Strategic Alliances and Other Joint Development Agreements."

Many joint development agreements contemplate long-term relationships between the parties. It is crucial to carefully structure the arrangement up front, otherwise your company might find itself stuck in a bad situation with no way to get out. What are the companies' responsibilities and expectations regarding the joint development? Who will own the resulting intellectual property (IP), and how will it be enforced against third parties? What rights do the companies have to use the fruits of the relationship with outsiders? Who is responsible if the software product infringes third-party IP rights? What is your remedy if the third party gets an injunction preventing further use of the developed software?

This presentation will focus on some of the important issues companies must address in drafting and negotiating technology transactions relating to software.

Topics covered will include:

• Types of transactions and agreements
• Types of IP generated in software co-development projects
• Assignment, ownership, and other rights in co-developed IP, and IP developed solely by one of the collaborators
• Assignability of licenses (e.g., in the event of sale of business)
• IP warranty and indemnification provisions

Moderator

• Adrian R. Cyhan, Senior Counsel, Foley

Panelists

• David J. Rikkers, Senior Counsel, Foley
• Phil Pavay, Vice President of Business Development, Aladdin Knowledge Systems, Inc.