Technology Standards & Open Source
We provide comprehensive legal services for every aspect of a standards organization, from inception to dissolution. Our practical advice and approach to the development of governance structures and policies, compliance, best practices, and tools are highly appreciated by our clients. We help navigate day-to-day operational issues, as well as counsel on critical matters such as corporate governance, antitrust compliance, copyright licensing, patent licensing, trademark licensing, brand protection, intellectual property rights (IPR) policies, open source terms, and enforcement matters.
Our lawyers have represented more than 100 technology standards, alliance standards, and open source organizations over the last decade, including several that have been pivotal in key areas of computing, flash memory, software telecommunications, wireless networks, and automotive. This experience has given us a unique understanding of the relationships and interactions between different standards organizations and the broader technology ecosystem.
How We Help
Our cross-disciplinary approach and depth of experience in key areas such as tax-exempt organizations, trademark and intellectual property, antitrust, mergers and acquisitions, and financing give our clients confidence so that they can focus on today’s rapidly evolving technology landscape.
We also work closely with alliance management firms to optimize how we deliver services to clients. Our practice includes a dedicated client service coordinator to specifically interact with boards and project managers to ensure that our clients' needs are met with precision and efficiency.
Partnering with Seyfarth for your technology standards needs is the smart choice. Our expertise and depth of experience in this complex domain will help you navigate the challenges and achieve your goals.
We partner with clients to provide comprehensive services, including:
- Annual meetings and corporate governance
- Copyright terms and publications issues for specifications
- Employment and contractor agreements
- Event attendance, conferences, and event facility terms
- Liaisons and MOUs with other organizations
- Membership structure, agreements, and terms
- Privacy law
- Registering trademarks and supporting global trademark portfolios, including certification marks
- Software development and licensing agreements
- Working group participation issues
The Seyfarth Experience
Monitoring Services for Export Control
Seyfarth offers clients a unique software platform that provides important and timely information about changes to the US Bureau of Industry and Security (BIS) Entity List and updates to rules that impact export control matters for this community. The platform provides clients with important information, including when certain companies become subject to the Entity List restrictions issued by BIS so that organizations can monitor against their membership list, or use as part of a screening process.
Our team can also advise clients who want to develop a more in-depth screening process for new members.
E-Learning: Antitrust Laws and Antitrust Policy Review for Standards Organizations
It is critical for board members, officers, and staff of standards organizations and open source foundations to understand antitrust laws and policies. Seyfarth has designed a course addressing the fundamentals of antitrust policies, best practices for a culture of compliance, and real-world examples of antitrust challenges and legal cases.
Some examples of our more notable recent engagements include:
- Represented a technology consortium developing critical communications standards that was originally an unincorporated group in formation as US nonstock nonprofit, created a comprehensive intellectual property rights policy for global membership, obtained US tax-exempt status, and helped the organization establish a compliance testing program with authorized test labs and an open source software project to support its developing ecosystem.
- Represented a large technology consortium in the software sector in connection with its litigation defense against antitrust claims in US District Court, and was granted dismissal in favor of the client, where the case presented novel legal theories, arguments regarding the application and implications of protections under the SDOAA, and a Department of Justice interjection.
- Represented a large technology consortium in the IoT space to help create and manage its export control and screening program in connection with a global member base throughout Europe, Asia, North America, and the Middle East, where consortium distributes software tools, specifications, and technical information to its member base and beyond.
Related News & Insights
-
Legal Update
12/19/2023
The District of Columbia Court of Appeals’ Recent Significant Legal Precedent Carries Implications for Standards Organizations
-
Attorney Publication
10/23/2023
Arnold Brown Writes on Disclosing and Licensing Standard-Essential Patents in Standardization: Journal of Research and Innovation
-
Legal Update
09/01/2023
A Proposed European Commission Regulation Would Dramatically Alter How Standards Organizations and their Members Approach Standard Essential Patents
-
Legal Update
05/25/2023
NVCA Produces University Tech Transfer Licensing Term Sheet
We provide comprehensive legal services for every aspect of a standards organization, from inception to dissolution. Our practical advice and approach to the development of governance structures and policies, compliance, best practices, and tools are highly appreciated by our clients. We help navigate day-to-day operational issues, as well as counsel on critical matters such as corporate governance, antitrust compliance, copyright licensing, patent licensing, trademark licensing, brand protection, intellectual property rights (IPR) policies, open source terms, and enforcement matters.
Our lawyers have represented more than 100 technology standards, alliance standards, and open source organizations over the last decade, including several that have been pivotal in key areas of computing, flash memory, software telecommunications, wireless networks, and automotive. This experience has given us a unique understanding of the relationships and interactions between different standards organizations and the broader technology ecosystem.
How We Help
Our cross-disciplinary approach and depth of experience in key areas such as tax-exempt organizations, trademark and intellectual property, antitrust, mergers and acquisitions, and financing give our clients confidence so that they can focus on today’s rapidly evolving technology landscape.
We also work closely with alliance management firms to optimize how we deliver services to clients. Our practice includes a dedicated client service coordinator to specifically interact with boards and project managers to ensure that our clients' needs are met with precision and efficiency.
Partnering with Seyfarth for your technology standards needs is the smart choice. Our expertise and depth of experience in this complex domain will help you navigate the challenges and achieve your goals.
We partner with clients to provide comprehensive services, including:
- Annual meetings and corporate governance
- Copyright terms and publications issues for specifications
- Employment and contractor agreements
- Event attendance, conferences, and event facility terms
- Liaisons and MOUs with other organizations
- Membership structure, agreements, and terms
- Privacy law
- Registering trademarks and supporting global trademark portfolios, including certification marks
- Software development and licensing agreements
- Working group participation issues
The Seyfarth Experience
Monitoring Services for Export Control
Seyfarth offers clients a unique software platform that provides important and timely information about changes to the US Bureau of Industry and Security (BIS) Entity List and updates to rules that impact export control matters for this community. The platform provides clients with important information, including when certain companies become subject to the Entity List restrictions issued by BIS so that organizations can monitor against their membership list, or use as part of a screening process.
Our team can also advise clients who want to develop a more in-depth screening process for new members.
E-Learning: Antitrust Laws and Antitrust Policy Review for Standards Organizations
It is critical for board members, officers, and staff of standards organizations and open source foundations to understand antitrust laws and policies. Seyfarth has designed a course addressing the fundamentals of antitrust policies, best practices for a culture of compliance, and real-world examples of antitrust challenges and legal cases.
Some examples of our more notable recent engagements include:
- Represented a technology consortium developing critical communications standards that was originally an unincorporated group in formation as US nonstock nonprofit, created a comprehensive intellectual property rights policy for global membership, obtained US tax-exempt status, and helped the organization establish a compliance testing program with authorized test labs and an open source software project to support its developing ecosystem.
- Represented a large technology consortium in the software sector in connection with its litigation defense against antitrust claims in US District Court, and was granted dismissal in favor of the client, where the case presented novel legal theories, arguments regarding the application and implications of protections under the SDOAA, and a Department of Justice interjection.
- Represented a large technology consortium in the IoT space to help create and manage its export control and screening program in connection with a global member base throughout Europe, Asia, North America, and the Middle East, where consortium distributes software tools, specifications, and technical information to its member base and beyond.
Related News & Insights
-
Legal Update
12/19/2023
The District of Columbia Court of Appeals’ Recent Significant Legal Precedent Carries Implications for Standards Organizations
-
Attorney Publication
10/23/2023
Arnold Brown Writes on Disclosing and Licensing Standard-Essential Patents in Standardization: Journal of Research and Innovation
-
Legal Update
09/01/2023
A Proposed European Commission Regulation Would Dramatically Alter How Standards Organizations and their Members Approach Standard Essential Patents
-
Legal Update
05/25/2023
NVCA Produces University Tech Transfer Licensing Term Sheet