Research & Development / Licensing

Niku v. Bell Canada:
Represented Bell Canada in federal court action involving dispute over failed implementation of ERP and project management software. This action involved numerous questions regarding the applicability of principles of commercial law to commoditized software products and standards of performance of related consulting contracts for implementation of enterprise-wide software.

Trustpoint Systems v. Cylink:
Represented Cylink in arbitration proceedings over software development agreement for development of software for secure internet purchase of stamps though USPS Stamps.com. This dispute involved numerous issues related to the performance standards applied to third party software development efforts, acceptance testing, exceptions to performance and entitlement to compensation for alleged achievement of various milestones.

Sunsoft v. Hewlett Packard:
Represented Sunsoft in dispute over terms of license agreement for license of Solaris NFS module to HP. This dispute involved regarding whether substantial new versions of software amount to new product that is not subject to provisions of existing license agreement and related questions regarding royalties, warranty and support obligations.

Insignia Solutions v. MIPS:
Represented Insignia Solutions in an action involving enforceability of memorandum of understanding (MOU) for port of SoftPC DOS emulation software to MIPS platform and alternative theories of compensation for services rendered in furtherance of MOU.

Transtech International v. Cellular Data; Spread Spectrum Technologies; Flight Dynamics:
Represented Research and Development firm operated by Stanford University professor, licensed to exploit basic telecommunications patents he invented in a series of related disputes with various sub-licensees regarding the scope of their respective authorized fields of use following major revisions to FCC regulatory scheme.