Derek N. Ko

Derek's practice concentrates on technology licensing, intellectual property, corporate and securities laws, and U.S. export control matters. Derek is a former Certified Public Accountant who advises clients on a wide range of complex business- and technology-related transactions, including outsourcing, cloud computing, software as a service (SaaS), intellectual property license and transfer agreements, strategic alliances, development agreements, and other domestic and international transactions involving intellectual property assets. He has substantial experience in counseling e-commerce, electronics, hardware, and software companies. Derek also represents public and private clients in equity and debt financings, mergers and acquisitions, and corporate governance.

Credentials

Memberships

• Washington State Bar Association

Representative Matters

• Represented a global software security and media technology company in negotiations with pay media operators, content owners, and handset manufacturers with respect to securing digital content viewed over the top (OTT) or via a home network using smartphones, tablets, laptops, desktops, game consoles, or smart TVs.
• Negotiated license and access agreements for a privately held company offering a cloud-based collaboration and file-sharing service.
• Drafted, maintained, and negotiated all of a publicly traded display products company’s form value-added reseller agreements, sales agency agreements, non-disclosure and non-use agreements, consulting agreements, and independent contractor agreements.
• Negotiated supply, license, and distribution agreements for medical device company specializing in the detection of retained surgical items using RF tag technology.
• Represented global social-networking company with respect to user-generated advertising campaigns.
• Reviewed and revised sales and marketing materials for various clients, including product brochures, customer newsletters, and developer newsletters to ensure protection of intellectual property and compliance with applicable laws and regulations.
• Drafted and negotiated license agreements with online publishing companies for the provision of security software to protect content in ePublication solutions.
• Acted as primary outside counsel to the technology division of a major stevedoring company, including the license in of third-party software products, license out of bundled software and hardware products, and the drafting and negotiation of various license agreements.
• Represented a privately held company offering a cloud-based health and well-being management platform in transactions with health plans and employers.
• Drafted and negotiated a long-term supply agreement with a Malaysian company for the improvement, manufacture, assembly, and delivery of an image capture company’s bar code scanner.
• Drafted and negotiated license agreements, development agreements, and services agreements for enterprise software company providing inventory management and other back-office services to automobile dealerships.
• Drafted and negotiated master license agreements, evaluation agreements, and integration agreements for a software company with respect to its implementation of an Open Mobile Alliance (OMA) compliant digital rights management (DRM) client.
• Represented international electronics company in the negotiation of a supply arrangement with a major OEM of computers.
• Acted as primary outside counsel to the U.S. subsidiary of a Japanese company specializing in the introduction of new technologies to the Japanese market, including drafting and negotiating strategic alliance agreements, localization agreements, and license agreements.
• Negotiated agreements related to the design, operation, and maintenance of websites, including hosting agreements, software design contracts, services agreements, linking agreements, and fulfillment contracts.