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.
Mr. Cox advised clients on the structuring and negotiation of patent licensing and cross-licensing agreements, copyright and content licensing agreements, electronic and physical distribution arrangements, outsourcing agreements, and research and development, production and marketing joint ventures. He helped clients successfully negotiate IP and licensing due diligence and integration in complex major transactions such as Microsoft’s acquisitions of Skype and Nokia’s mobile phone business. He provided practical guidance to small technology startups to close numerous favorable licensing agreements with much larger business partners. He provided clients with counseling on open source licensing and compliance issues, including associated patent implied license and exhaustion issues. And worked with local counsel in over 50 countries to help integrate and harmonize legal advice for clients in cross border and regional/global survey matters.
Mr. Cox combined his intellectual property capabilities with extensive antitrust counseling experience, allowing clients to obtain comprehensive advice in one consultation rather than having to consult two lawyers on the same matters. He had extensive experience with coalition structures, helping clients navigate the unique dynamics and issues arising in industry standard-setting organizations, patent pools and trade associations, serving as counsel to both individual members and the organizations. He had comprehensive knowledge of the intersection between antitrust and intellectual property laws, substantial experience with FRAND, non-disclosure and other standard setting theories, patent pools, and unilateral licensing activities by companies with strong market positions, had participated in litigation teams in these areas, and had successfully represented clients in investigations before the Antitrust Division of the U.S. Department of Justice, the Federal Trade Commission, and the European Union's Directorate General for Competition.