The Homburger IP | IT practice team advises and represents clients in all areas of IP, technology and media law.
Our core areas are representing clients in state court litigation and arbitration, as well as advising in relation to transactions and projects with a focus on:
- Patent law
- Trademark and copyright law
- Unfair competition law, protection of know-how and trade secrets
- Life sciences regulations
- IT contracts, outsourcing, carve-outs, software development and other IT-related transactions and projects, including regulatory issues
- Licensing, technology transfer, distribution and franchising agreements
- Data protection
- Telecommunications law
- E-commerce and internet law
- Media and sports marketing law
- Due diligence and compliance in the area of IP and IT
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Recent representative work > IP litigation & regulatory
- Representation of major Hollywood studio in negotiations with Swiss licensing body SUISA regarding the use of music in movie trailers
- Successful defense of major Swiss bank in unfair competition proceedings
- Representation of DIY store in litigation against competitor in unfair comparative advertising case
- Representation of a leading internet company in a landmark data protection case concerning street view imagery
- Representation of leading internet search provider in various libel and copyright infringement proceedings
- Representation of Swiss pharmaceutical company in preliminary injunction and ordinary patent infringement proceedings
- Defending Swiss pharmaceutical company against early market entry of generics
- Representing a leading Swiss generic pharmaceuticals company in a landmark patent litigation case concerning the patentability of dosing patents
- Representing a leading Swiss manufacturer of medical devices in patent litigation concerning inventorship and patent ownership
- Representation of numerous clients in patent infringement and patent validity proceedings in the fields of medical devices, packaging technology and nutrition technology
- Representing a well-known US photographer against Swiss newspapers in a copyright dispute
- Representation of international sports marketing agencies in various proceedings regarding cross-border TV signals and other exploitation of sports marketing and TV distribution rights
- Representing a Swiss pharmaceuticals company in several proceedings before Swissmedic and the Federal Office of Public Health
- Representing a leading Swiss internet content provider in various administrative proceedings against the Swiss Federal Government
> IP transactional
- Representation of leading Swiss biotech company in takeover negotiations with major US company (ophthalmic business; deal value: USD 439m)
- Advising Swiss pharmaceutical company in the acquisition of several product lines
> IP & IT arbitration
- Representation of a large Chinese telecoms manufacturer in a trade secret misappropriation and copyright case filed against a large US electronics company
- Representing a leading international software company in international arbitration against a US software company concerning the rights in, and use of, Linux open source software
- Representing a leading telecoms software provider in multi-million international arbitration proceedings initiated by one of Poland's largest mobile phone providers
- Representation of a Swiss pharmaceutical company active in the field of blood products in ICC arbitration proceedings
- Representation of a Swiss biotech company against a large US life sciences group in a multi-billion licensing dispute
- Team members acting as arbitrators in several international arbitrations concerning IP and telecommunications (ICC, ad-hoc)
> IT Transactional, Data Law & E-Commerce
- Representing several leading Swiss banks in software licensing and IT outsourcing transactions concerning their core banking applications
- Representing several leading Swiss insurance companies in the negotiation of their software license, development and maintenance contracts concerning their core insurance applications and with regard to their outsourcing contracts
- Representing a leading Swiss IT security services provider in various transactions concerning multinational services for clients in the private industry, public institutions and international organizations
- Representation of well-known Swiss car importer in negotiations for content management applications
- Advising several Swiss and foreign banks, insurance companies and service providers concerning Swiss regulatory and legal requirements in the area of outsourcing, including representation of several companies before the regulator (FINMA)
- Advising several Swiss companies, including two large insurance companies, on data breaches, including the successful prosecution of a "data thief"
- Representing various private and public institutions in national and international carve-out, outsourcing and other IT transactions with values between USD 1m and over USD 500m
- Representing various banking, insurance and other clients in the context of failed large-scale IT projects
- Advising several companies on e-discovery, whistle-blowing hotlines and employee monitoring, particularly concerning data protection, protection of secrets and Article 271 Swiss Criminal Code
- Advising numerous multinational organizations on data protection and secrecy laws, including ten of the Fortune 100 companies, three of the Big Four auditing firms, and two of the worldwide largest Internet companies
- Advising two thirds of the Swiss SMI publicly listed companies on matters concerning IT, data protection, secrecy laws, e-commerce, internet and telecom regulations
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