Intellectual Property and Technology

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                                                                                              Intellectual Property and Technology
Skadden, Arps, Slate, Meagher & Flom LLP & Affiliates
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Alternative Dispute Resolution
Antitrust & European Union/International Competition                                          The Intellectual Property and Technology Group at Skadden, Arps, Slate, Meagher
Appellate Litigation and Legal Issues
                                                                                              & Flom LLP and affiliates (“Skadden, Arps” or “Skadden”) offers clients a full
Australia and New Zealand                                                                     range of legal services relating to the acquisition, enforcement and commercial
Biological and Chemical Technology Diligence and Transactions                                 exploitation of intellectual property assets. These services include litigation;
                                                                                              counseling; technology transfer, outsourcing and licensing agreements, and other
CFIUS                                                                                         transaction-related services; patent and technology portfolio strategy analysis; and
Class Action Litigation                                                                       trademark and copyright registration.
Congressional Investigations
Consumer Financial Services Enforcement and Litigation                                        LITIGATION: TRIAL AND APPELLATE PRACTICE; DISPUTE RESOLUTION
Corporate Compliance Programs
Corporate Finance                                                                             Attorneys in our Intellectual Property and Technology Group routinely litigate cases
Corporate Governance
Corporate Restructuring
                                                                                              at the trial and appellate level in both federal and state courts, as well as before the
Crisis Management                                                                             U.S. Patent and Trademark Office and the International Trade Commission (ITC).
Derivative Financial Products, Commodities and Futures
Energy                                                                                        We also have extensive experience in arbitrations and other dispute resolution pro-
Environmental                                                                                 ceedings, and have served as lead coordinating counsel in complex international
Executive Compensation and Benefits                                                           litigations. Approximately one-third of the group’s attorneys are registered patent
Exempt and Nonprofit Organizations
False Claims Act Defense
                                                                                              attorneys or attorneys with technical backgrounds who practice primarily in the pat-
Financial Institutions                                                                        ent area.
Financial Institutions Regulation and Enforcement
Foreign Corrupt Practices Act Defense
Franchise Law
                                                                                              Skadden’s litigation experience covers all areas of intellectual property, including
Global Policy and Litigation Strategy                                                         patents, trademarks, copyright infringement, false advertising, and Internet and relat-
Government Contract Disputes
Government Enforcement and White Collar Crime                                                 ed technology. We handle technology/patent matters ranging from pharmaceutical,
Health Care and Life Sciences
Hong Kong Law
                                                                                              biotechnology, chemical and medical device issues to computer science, semicon-
India                                                                                         ductor, telecommunications and aerospace issues. With 23 offices around the world,
Information Technology and E-Commerce
Insurance                                                                                     Skadden’s litigation capability is global. Our attorneys have counseled clients in
Intellectual Property and Technology                                                          proceedings in international courts and before the patent offices of other countries.
International Law and Policy
International Litigation and Arbitration
International Tax
International Trade
                                                                                              COUNSELING AND PROTECTION PRACTICE
Investment Management
Israel                                                                                        Trademark and Domain Name Counseling and Portfolio Management
Japan                                                                                         We assist clients in obtaining, protecting and enforcing trademarks in the United
Labor and Employment                                                                          States and worldwide, including: conducting and reviewing searches and investiga-
Latin America
Lease Financing                                                                               tions for trademark clearance; preparing opinion letters; filing and prosecuting trade-
Mass Torts and Insurance Litigation
                                                                                              mark applications; handling the prosecution and defense of trademark administrative
Media and Entertainment                                                                       proceedings; monitoring and policing the use of trademarks by third parties; and pro-
Mergers and Acquisitions
Mining                                                                                        viding general trademark and domain name counseling. As part of this practice, we
Patent and Technology Litigation and Counseling
                                                                                              manage the domestic and international trademark portfolios and related intellectual
Pharmaceutical, Biotechnology and Medical Device Licensing                                    property matters for a wide range of clients. We also actively counsel clients regard-
Political Law
Private Equity                                                                                ing Internet domain name acquisition, use and defense.
Pro Bono
Public Policy
Real Estate & REITs                                                                           Copyright, Entertainment and New Media
Russia and C.I.S.
Securities Enforcement and Compliance                                                         The group’s lawyers provide copyright advice to a wide range of clients in the
Securities Litigation
Sports                                                                                        online, entertainment and communications industries, including e-commerce compa-
Structured Finance
                                                                                              nies, new media entrepreneurs, Internet technology companies, Web site operators,
Trademark, Copyright, and Advertising Litigation and Counseling
Trusts and Estates
UCC and Secured Transactions
Utilities Mergers and Acquisitions
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software developers, broadcast and cable television networks, television producers,
recording artists and authors. Our lawyers also have extensive experience with the
role of copyrights in the entertainment and communications industries, including
film, theater, music, and print and electronic publishing.

Patent Strategy
We advise and assist technology companies in evaluating, securing and exploiting
intellectual property assets, with a particular emphasis on computer software and
hardware, semiconductors, telecommunications, Internet and e-commerce, bio-
technology, pharmaceuticals and health care. Specifically, we counsel clients on:
(1) developing and deploying a portfolio of strategic intellectual property assets,
and (2) exploiting those assets by negotiating, drafting and implementing technol-
ogy licenses, consulting and development agreements, outsourcing arrangements,
joint ventures and other strategic partnerships. In this regard, we often work
closely with our corporate lawyers in connection with mergers and acquisitions,
initial public offerings and corporate finance.

Transactional Counseling
Skadden’s Intellectual Property and Technology Group offers tremendous experi-
ence in transactional work and strategic analysis. Beyond an understanding of
intellectual property matters and the science and technology underlying them, we
understand the business models used by our clients to maximize the value of these
technologies. Attorneys providing strategic counseling serve clients in a business
transactional sense, seeking to create or add value to clients’ intellectual property
portfolios. We frequently evaluate these portfolios for acquisition and financing
matters, and provide counseling regarding the drafting of license, option, nondis-
closure, collaboration, manufacturing and distribution agreements. Our strategic
counseling across industries is enhanced by our extensive experience in validity and
infringement analysis in a broad range of technical and scientific subject matters.

Advertising Substantiation
We review and pre-clear advertising copy and represent parties in advertising dis-
putes before the National Advertising Division of the Council of Better Business
Bureaus, Inc., the Federal Trade Commission and various state attorneys general.
One of the co-leaders of the Intellectual Property and Technology Group co-authored
the Advertising Compliance Handbook (Practising Law Institute, 2d ed. 1991).

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Attorneys in the Information Technology and E-Commerce segment of the group
handle a wide variety of matters that relate to the creation, use, licensing and transfer
of information technologies. We have an extensive network of international offices
and resources in Europe, Latin America, Asia and Australia, allowing us to analyze
these issues from a global perspective as well.

The following is a representative sample of the different areas that our Information
Technology and E-Commerce practice covers:

Alliances and Other Strategic Relationships
Skadden, Arps has negotiated and drafted numerous alliance agreements, including
overall strategic relationships, cross-linking agreements, content provider agreements
and advertising service agreements. In all of these cases, we have experience repre-
senting each side in such alliances.

Technology Licensing
We handle the entire spectrum of technology licensing arrangements, ranging from
traditional license agreements to complex ventures for joint development of applica-
tions and systems. For example, we regularly negotiate and advise clients with
respect to software licenses, equipment leases, software development and distribution
agreements, and network services and data acquisition agreements. Our clients in this
area include technology vendors and end-users in the publishing, financial services,
transportation, manufacturing, entertainment and telecommunications industries.

We advise clients in connection with the outsourcing of all types of information
technology. Our work encompasses all areas of outsourcing including: negotiating
and drafting the overall service agreement and the service level agreement, handling
any related asset acquisitions, and employment and tax matters.

Developments in information technology and the interactive nature of Web sites
allow companies to create large databases of personal information. Companies seek-
ing to process or mine this data, however, need to focus on the evolving U.S. and
international privacy landscape. Skadden advises clients on the scope of privacy
laws and regulations and helps them define and draft appropriate privacy and data
use policies. We represent clients in settlement discussions with state attorneys gen-
eral when aspects of clients’ privacy policies are challenged. The firm also assists
clients in obtaining third-party privacy certification from entities such as TrustE.

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In addition, we closely monitor developments in this area and participate in the
Model Contracts Project, which seeks to provide companies with contractual lan-
guage that satisfies European Union data requirements.

Web Site Support
Our group routinely counsels clients on all aspects of developing and maintaining
a Web site. When our clients are outsourcing these functions, we help negoti-
ate agreements to ensure they receive the services they expect and the ownership
rights they require. When our clients are developing these capabilities in-house, we
help create intellectual property interests that are protectable and secure any neces-
sary third-party licenses for content or technology. Once a site has been designed,
Skadden drafts appropriate legal disclaimers, terms and conditions of use, and “click-
wrap” agreements. We have experience drafting terms and conditions for a variety
of services, including e-commerce, financial services, chat and content distribution.

Internet Policy
Skadden has acted as general counsel to the Internet Society, the umbrella orga-
nization for many Internet standard-setting organizations. In this capacity, we are
involved with Internet policy issues both in the United States and abroad. We also
have a representative on the International Chamber of Commerce’s Committee
on Internet and E-Commerce, and work closely with the Internet Corporation for
Assigned Names and Numbers to address current policy issues.

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Intellectual Property and Technology Group
Partners and Counsel

  *Daniel A. Devito—Partner (New York)
   J.D., St. John’s University School of Law, 1987
   B.S.E.E., Manhattan College, 1982 (cum laude)

   Daniel A. DeVito has significant experience litigating intellectual property cases,
   including complex high-technology patent cases, at both the trial and appellate
   level. He also has extensive experience in proceedings before the ITC. A registered
   patent attorney, Mr. DeVito devotes a substantial part of his practice to matters
   involving software, business method and e-commerce patents.

  Anthony J. Dreyer—Partner (New York)
   J.D., Fordham University School of Law, 1997
   B.A., Rutgers University, 1990

   Anthony J. Dreyer is a commercial litigator concentrating on intellectual
   property and sports law. He has handled a variety of intellectual property
   matters, including those involving trademark, trade dress, copyright, rights of
   privacy and publicity, unfair competition and trade secrets. He has counseled
   clients on the protection of their intellectual property rights in the United
   States and abroad. In addition, Mr. Dreyer is an adjunct professor of law at
   Fordham Law School, where he teaches Advanced Trademark Law.

    *James J. Elacqua—Partner (Palo Alto)
   J.D., Ohio Northern University Pettit College of Law, 1976
   B.S.E.E., Clarkson University, Electrical and Computer Engineering, 1972

   James J. Elacqua is a patent litigator with more than three decades of experi-
   ence representing technology and life sciences companies in technically complex
   patent litigation cases, including jury and bench trials before the federal district
   courts, state courts, the U.S. Court of Appeals for the Federal Circuit and in the
   International Trade Commission.

    *José Esteves—Partner (New York)
   J.D., Yale Law School, 1995
   M.S., Columbia University, 1992
   B.S., New Jersey Institute of Technology, 1989 (magna cum laude)

   José A. Esteves focuses on intellectual property and technology transactions, as
   well as Internet, electronic commerce and entertainment issues. He advises a
   broad range of clients ranging from start-ups to Fortune 500 companies, as well
   as domestic and foreign entities.

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  *Edward V. Filardi—Partner (New York)
   J.D., New York Law School, 1968
   B.S., Iona College, 1965

   Edward V. Filardi heads Skadden’s patent litigation practice and has extensive
   experience in patent, trade secret, unfair competition and antitrust-related mat-
   ters, specifically regarding litigation and dispute resolution both before the federal
   courts and the ITC. He is a registered U.S. patent attorney with extensive jury
   trial and appellate experience and has functioned as lead coordinating counsel in
   global litigation matters.

    Bruce J. Goldner—Partner (New York)
   J.D., University of Michigan Law School, 1992 (cum laude)
   B.A., Amherst College, 1987 (summa cum laude, Phi Beta Kappa)

   Bruce J. Goldner is co-head of Skadden’s Intellectual Property and Technology
   Group and concentrates his practice on counseling, licensing, litigation and prose-
   cution involving trademarks, copyrights and domain names. He is actively involved
   in the management of major domestic and international trademark portfolios and
   structuring intellectual property aspects of corporate transactions.

    *David W. Hansen—Partner (Palo Alto)
   J.D., Illinois Institute of Technology, Chicago-Kent College of Law, 1984
     (highest honors)
   B.S., University of Illinois, 1979

   David W. Hansen represents a broad range of clients in all aspects of intellectual
   property and other complex commercial litigation and arbitration. He also regu-
   larly provides intellectual property acquisition and licensing advice in connection
   with corporate transactions and otherwise. Mr. Hansen is a registered patent
   attorney with experience in patent prosecution, reexamination, reissue and appel-
   late work before the United States Patent and Trademark Office.

    Stuart D. Levi—Partner (New York)
   J.D., Harvard Law School, 1986 (cum laude)
   B.A. in Computer Science, Columbia University, Columbia College, 1983
     (magna cum laude, Phi Beta Kappa)

   Stuart D. Levi is co-head of Skadden’s Intellectual Property and Technology Group
   and represents a broad spectrum of clients in the information technology, Internet
   and e-commerce areas, ranging from early stage start-ups to global corporations.
   Mr. Levi counsels clients on a variety of issues, including strategic alliances such
   as “click and mortar” deals, portal deals and joint marketing relationships; website
   policies; intellectual property matters; privacy issues; and mergers and acquisitions.

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    *Douglas R. Nemec —Partner (New York)
   J.D., University of Minnesota Law School, 1996 (cum laude)
   B.S.E., Bioengineering, University of Pennsylvania, 1993

   Douglasd R. Nemec concentrates his practice on patent litigation and related counsel-
   ing. He also regularly provides intellectual property opinions and advice in connection
   with corporate transactions. Mr. Nemec has litigated numerous patent infringement
   and other technology-related matters involving a wide range of technologies, including
   pharmaceuticals, medical devices, consumer health care products, chemicals, electron-
   ics, computer software and hardware, building materials and mechanical devices.

    Kenneth A. Plevan—Partner (New York)
   J.D., Harvard Law School, 1969 (cum laude)
   B.A., Harvard College, 1966 (cum laude)

   Kenneth A. Plevan’s principal areas of concentration include counseling and
   litigation involving advertising substantiation, trademark infringement, dilution,
   copyright infringement, domain name disputes and intellectual property licensing
   and e-commerce issues. Since becoming a partner in 1979, Mr. Plevan has tried
   more than 40 cases, including 20 intellectual property cases and 10 jury trials,
   and argued numerous appeals. He is a fellow of the American College of Trial
   Lawyers, co-author of the Advertising Compliance Handbook, (Practising Law
   Institute, 2d Ed. 1991), and an adjunct professor of law at Fordham Law School.

    P. Anthony Sammi—Partner (New York)
   J.D., Cornell Law School, 1998
   B.S., Electrical Engineering, University of Maryland at College Park, 1995

   P. Anthony Sammi has significant experience litigating intellectual property cases,
   including high-technology patent cases at the trial level. With a background in
   electrical engineering and physics, Mr. Sammi devotes a substantial part of his
   practice to matters involving software, hardware, business method and e-commerce
   patents. His practice also includes counseling both U.S. and multinational clients
   on evaluating, licensing and protecting intellectual property rights.

    Cliff Sloan—Partner (Washington, D.C.)
   J.D., Harvard Law School (magna cum laude), 1984
   B.A., Harvard College (magna cum laude), 1979

   Cliff Sloan has litigated cases at all levels of federal and state courts, including five
   U.S. Supreme Court arguments and numerous arguments in the U.S. Courts of
   Appeals. His practice focuses on a wide range of litigation and appeals, including
   cases involving administrative law, commercial disputes, securities law, constitu-
   tional issues and copyright. He also regularly advises clients on intellectual prop-
   erty, new media, and First Amendment matters.

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  Andrew N. Thomases—Partner (New York)
  J.D., University of Chicago Law School, 1994
  B.A., Amherst College, 1990

  Andrew N. Thomases has more than 15 years of experience litigating patent and
  trade secret cases, including trials before the International Trade Commission
  representing patent holders and accused infringers. He handles technically com-
  plex matters, including cases involving medical devices, computer technology,
  semiconductor devices, analog circuits, wireless technology and wafer fabrication
  tools. He also has handled appeals to the Federal Circuit.

  *Matthew B. Zisk—Partner (New York)
  J.D., Ohio State University College of Law, 1997 (with Honors, Order of the Coif)
  Ph.D., Stanford University (Organic Chemistry) 1991
  B.A., Boston University, Chemistry, 1985 (A.C.S. Certified, summa cum laude
  with distinction in chemistry)

  Matthew Zisk is a transactional patent attorney representing clients on a full range
  of intellectual property matters, with a focus on technology-intensive transactions.
  He has extensive experience in evaluating intellectual property assets, counseling,
  structuring, negotiating, and implementing acquisitions, licensing and collabora-
  tion agreements in the pharmaceutical, biotech, energy and chemical industries.
  His work includes global and domestic license agreements, co-development agree-
  ments, supply agreements, co-promotion/co-marketing agreements, strategic alli-
  ance agreements and IP-intensive mergers and acquisitions.

  Jonathan D. Baker—Of Counsel (Palo Alto)
  J.D., Harvard Law School, 1997 (cum laude)
  M.S., Massachusetts Institute of Technology, 1994 (Electrical Engineering)
  B.S., University of Maryland, 1992 (summa cum laude) (Electrical Engineering)

  Jonathan D. Baker has extensive experience litigating patent and trade secret
  cases. He has tried cases before the U.S. International Trade Commission,
  and has served as lead counsel in district courts throughout the country and in
  appeals before the U.S. Court of Appeals for the Federal Circuit. He also has
  experience counseling clients in significant patent licensing negotiations and in
  technology transactions.

  Jessica Cohen—Counsel (New York)
  J.D., George Washington University School of Law, 1999 (with high honors)
  B.A., Cornell University, 1994

  Jessica Cohen focuses on intellectual property and technology issues in a wide
  variety of transactions, including licensing and development agreements, out-
  sourcing agreements, service agreements, strategic alliances, and mergers and

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  acquisitions. She counsels clients on intellectual property protection and owner-
  ship issues, technology implementation and maintenance issues, and a variety of
  Web-related matters including terms of use, data collection and handling, and
  issues arising out of user-generated content.

  Carrie LeRoy—Counsel (Palo Alto)
  J.D., University of California, Berkeley School of Law, 2000
  B.A., University of California at Berkeley, 1996 (summa cum laude)

  Carrie LeRoy represents and advises clients on a broad range of technology and
  commercial transactions, including development and license agreements, patent
  and other technology license agreements, outsourcing, strategic alliance, OEM,
  reseller, distributor, sales representative, consulting services, manufacturing and
  supply agreements, intellectual property asset acquisitions, e-commerce and
  Internet transactions. In the area of intellectual property, she advises clients on
  matters including allocation of ownership, protection and exploitation of intellec-
  tual property, and intellectual property rights.

  Mary E. Rasenberger—Counsel (New York)
  J.D., Harvard Law School, 1989
  M.A., Boston University, 1986
  B.A., Columbia University, Barnard College, 1983
  Mary Rasenberger focuses on copyright, publishing, technology and media law.
  She represents publishing, entertainment, communications and technology
  companies in copyright infringement cases, Copyright Office rulemakings and
  ASCAP/BMI proceedings; negotiates publishing-, film-, music- and television-
  related agreements; counsels on digital rights management; and advises on
  numerous other copyright-related matters.

 James S. Talbot—Counsel (New York)
  J.D., Boston College Law School, 1997
  B.A., Trinity College, 1994

  James Talbot focuses his practice on transactional matters. His practice also
  includes Internet domain name matters, and he has worked with clients on issues
  relating to top-level domains, domain name registration and monitoring, and
  domain name disputes.

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                     Elaine D. Ziff—Counsel (New York)
                     J.D., University of Chicago Law School, 1982
                     B.A., Queens College, City University of New York, 1977 (summa cum laude)

                     Elaine D. Ziff has concentrated in the area of intellectual property transactions for
                     almost 15 years. Ms. Ziff represents clients in a variety of industries with respect
                     to licensing and the intellectual property aspects of acquisitions, public offerings,
                     financing transactions, and the Internet. She has lectured before various bar associ-
                     ations and written numerous articles on various aspects of her practice. She is also
                     an active member of the American Bar Association’s Cyberspace Law Committee.

                     *Admitted to practice before the U.S. Patent and Trademark Office
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