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Evan Cox
Evan R. Cox
Retired Partner
San Francisco +1 415 591 7073 Download V-card

Evan Cox represented technology companies in complex patent and copyright licensing transactions, due diligence and advisory matters, combining practical, result-oriented intellectual property advice and transactional capabilities with twenty-five years of antitrust counseling experience. He has strong international experience bridging differing business cultures and legal systems, having worked extensively with European and Asian as well as U.S. clients, counterparties and local counsel out of Covington’s Washington, DC, London, and San Francisco offices.

  • Lead responsibility for IP licensing due diligence and integration assistance on Microsoft’s acquisitions of Skype and Nokia’s mobile phone business.
  • Successful negotiation of patent license and joint development agreements on behalf of New Zealand wireless charging technology startup PowerbyProxi, Ltd. with major industry players including Samsung Electro-Mechanics, Texas Instruments, Tyco Electronics and Stryker.
  • Served as corporate, IP and antitrust counsel to the Open Authentication Technology Committee, a standard setting non-profit established by major programmers, MVPDs and technology companies for authentication and authorization of access to TV Everywhere content via the internet.
  • Representation of BSA-The Software Alliance in copyright public policy and antipiracy activities in Europe, Africa and the Middle East that helped dramatically reduce infringement by corporate end users, driving new sales and the opening and expansion of new subsidiaries throughout the regions.
  • Successful negotiation of inbound and outbound patent licenses and cross-licenses on behalf of software, hardware, content, and cleantech companies.
  • Representation of major Asian smartphone manufacturer concerning FRAND issues in defense against ITC and federal court patent infringement actions involving standard essential patents.
  • Representation of patent holders and licensees in negotiations with patent pools.
  • Provided antitrust advice to life sciences and cleantech companies in negotiation of joint research and development, marketing and distribution joint venture agreements.
  • Advised companies on compliance with and use of open source software licenses, due diligence and representations and warranties on open source issues in acquisitions, and structuring business processes to manage associated patent risk issues.
  • Representation of major U.S. technology company in negotiations with seven other major companies from the personal computer, consumer electronics and motion picture industries to develop and license the AACS digital rights management technology standard for high definition movie and other content on optical disks.
  • Coordination of multi-country local counsel surveys on contract, licensing, security, privacy and other legal issues to facilitate drafting of broadly enforceable and compliant licenses, terms of use and other commercial documents.
  • Provided in-house CLE and compliance training on US and EU antitrust issues, standard setting issues, and licensing issues.
  • Antitrust advice to patent broker in structuring joint bidding consortia for defensive acquisition of patent portfolios.
  • Representation of U.S. software industry public policy interests in European Commission, World Intellectual Property Organization, World Trade Organization and other multilateral body proceedings.
  • Counseling software, hardware, telecoms, and aerospace companies on negotiating IPR policies and establishing compliance programs for participation in standard setting organizations.
  • Supervision of investigators in internet monitoring and notice and takedown programs to address copyright infringement, phishing, malware, corporate confidential information leaks, and other internet threats.
  • Defended trade associations and standard setting consortia in FTC investigations involving intellectual property rights issues.
  • Co-authored amicus brief to the U.S. Supreme Court in the Grokster case on behalf of trade association representing leading members of the commercial software and computer hardware industries.

Pro Bono

  • The Nature Conservancy, provided advice on regulatory compliance issues and intellectual property matters in support of its activities in California, Hawaii and the Asia-Pacific region.
  • An Iraq War veteran in successful petition for Combat Related Supplemental Compensation for PTSD disability.
  • New Blankets, Inc. in establishment of non-profit and provision of copyright and contract advice for range of open source and open technology educational initiatives.
  • The California Medical Association, contributing to a brief amicus curiae to the U.S. District Court for the Northern District of California in Planned Parenthood Federation of America v. Ashcroft.

Memberships and Affiliations

  • Boalt Hall Alumni Association - past President and Board member
  • Co-chair, Programs Subcommittee, Technical Standardization Committee, ABA Section of Science & Technology Law
  • Berkeley Center for Law & Technology, Advisory Board Member
  • Center for Youth Development Through Law (a group that provides paid summer internships, legal-oriented courses, and life skills workshops to inspire at-risk students from East Bay high schools to pursue college education), Board Member
  • IAM Patent 1000 - The World’s Leading Patent Practitioners (2015-2016)
  • Legal 500 US, Intellectual Property - Patent Licensing & Transactional (2013-2015) and Technology: Transactions (2014-2015)
  • Northern California Super Lawyers, Intellectual Property (2008, 2012-2016)