Works of the Mind: From Concept to Commerce
The Law Offices of Susan Rayne
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Case Studies

 

ZERO-STAGE TECHNOLOGY COMPANY FOUNDER CLOSES EQUITY FINANCING

 

Client

  • Founder of zero-stage photonics company, who had secured $15 million venture capital financing commitment

Client Goals

  • Form corporate entity and close Series A financing round in 45 days
  • Maximize founder’s control over day-to-day operations
  • Preserve an exit strategy for the founder

Benefits and Outcomes

  • Closed full amount of financing on time and on budget
  • Retained founder’s right to retain board seat and to select majority of board members
  • Minimized restrictions imposed on founder’s equity interests and post-employment activities

 

STARTUP PROTEOMICS INSTRUMENT COMPANY ACQUIRES BASELINE PRODUCT TECHNOLOGY

Client

  • Startup proteomics instrument company, founded and financed by serial entrepreneur, which sought to acquire its baseline technology through acquisition

Client Goals

  • Secure favorable license agreement for baseline technology
  • Acquire technology assets of European microtechnology company and retain founders through employment
  • Establish European presence to develop and exploit acquired assets

Benefits and Outcomes

  • Obtained exclusive field of use license for baseline technology
  • Formed European subsidiary to acquire technology assets, working closely with local counsel to identify and address international and domestic legal and tax issues
  • Involvement in acquisition due diligence resulted in identification and resolution of IP problems potentially adverse to client

 

ESTABLISHED IT/SOFTWARE COMPANY DISCOVERS ITS CODE HAS BEEN COPIED

Client

  • Established health IT/software company, which learned that its proprietary software had been copied and distributed by a nationally-known competitor

Client Goals

  • Stop unlawful copying by competitor
  • Minimize competitive harm posed by copying
  • Obtain maximum damages

Benefits and Outcomes

  • Immediate coordination and management of investigation, including in-house forensics to capture evidence of copying
  • Immediate coordination with litigation counsel to file suit in Federal court, demanding expedited process
  • Initiation of complaint to Department of Justice triggered federal criminal investigation of competitor
  • Negotiated settlement resulted in payment to client of full damages and permanent injunction, together with press release, with two weeks of filing suit

ESTABLISHED SOFTWARE COMPANY IMPLEMENTS BUSINESS MODEL THROUGH LICENSING

Client

  • Established software tools company, which had developed an innovative licensing strategy to penetrate developer tool market

Client Goals

  • Protect IP assets through licensing
  • Implement multivariate IP licensing strategy to maximize revenues, IP value
  • Streamline sales process with easy-to-read, easy-to-use standard licensing agreements

Benefits and Outcomes

  • Developed suite of form license agreements for use with common licensing scenarios 
  • Developed tailored license agreements for use with more sophisticated licensing transactions
  • Implemented "ask the lawyer" training and use sessions for sales staff
  • Shortened sales cycles, improved sales closings