Aaron H. Lorber
Professional Profile
Aaron Lorber is an associate in Kirkland's Chicago intellectual property group. Aaron focuses his practice on transactional matters involving intellectual property and technology (including trademark, patent, technology and software licensing and transfers), as well as business outsourcing and other commercial agreements. In addition, his practice includes counseling clients on intellectual property and technology issues that arise in mergers and acquisitions, private equity and venture capital transactions, debt financing transactions and other forms of corporate and financing transactions. Aaron has also represented clients in patent infringement litigations involving a variety of technologies and actively represents pro bono clients, including various clients referred through the Lawyers for the Creative Arts.
Aaron has experience drafting and negotiating a wide range of commercial and intellectual property agreements, including outsourcing master services agreements, purchase agreements, credit and security agreements, software license and maintenance agreements and various other patent, trademark and copyright license agreements.
Representative Matters
Outsourcing Transactions
Counsel to a major food retailer in its outsourcing of various business process functions, including finance, accounting and payroll.
Counsel to multinational utility company National Grid in its multivendor, multitower, transformational outsourcing of numerous information technology functions, including infrastructure, data center and cloud computing operations, email hosting, web-based collaboration, managed print services and service integration.
Counsel to a major industrial products supply company in its outsourcing of the implementation of its enterprise resource planning system across multiple countries.
Counsel to several private equity funds in their outsourcing of investor reporting systems to cloud based service providers.
Software Transactions
Counsel to a leading automotive parts supplier in its license of critical enterprise resource planning software.
Counsel to a Fortune 500 medical device and technology supplier in its license of an automated electronic trading partner purchasing system.
Counsel to a prominent shopping marketing company in its license of a personnel tracking software system.
Counsel to an online clothing retailer in its license of a series of e-commerce platform software systems.
Intellectual Property and Commercial Transactions
Counsel to a large automotive parts manufacturer in a carve-out transaction involving complex intellectual property cross-licensing.
Counsel to a major telecommunications and mobile phone company in a critical supply agreement for ASICs and other integrated circuits and modules.
Counsel to a biotechnology company in its licensing of its patented biofilm coatings for marine vessels.
Counsel to the authors of a prominent corporate law treatise regarding the sale of the copyright to the treatise and a continuing services agreement for the continued authorship of the work.
Counsel to a large private equity fund in an exclusive franchise arrangement for a popular clothing retailer.
Counsel to a paper company in a multibillion dollar agreement for the supply of thermal and carbonless basepaper.
Counsel to a non-profit animal rescue organization in connection with its licensing and merchandising of trademarks and copyrights and overall intellectual property strategy.
Counsel to various other licensors and licensees in patent, trademark and copyright (including software) licensing agreements, including standalone license agreements, settlement and license agreements, and license agreements ancillary to corporate transactions (including mergers, acquisitions and divestitures), as well as technology-based consulting services agreements.
Counsel to various clients regarding intra-company technology and intellectual property license and services agreements, as well as employee and independent contractor invention assignment agreements.
Corporate Transactions
Counsel to Zebra Technologies in its acquisition of LaserBand LLC, a leading provider of patient identification wristbands and related products.
Counsel to S.C. Johnson & Son, Inc. in its acquisitions of Sara Lee's global shoe care and insecticide businesses, involving a highly complex carve-out of intellectual property assets.
Counsel to The Carlyle Group in its acquisition of substantially all of the assets of Metaldyne Corporation, a leading global designer, manufacturer and supplier of highly engineered metal components such as powertrains, chassis, balance shaft modules and tubular components.
Counsel to Sun Capital Partners in its acquisition of a Lang Holdings, Inc., a leading supplier of high-quality calendars, stationery, specialty gifts and back-to-school products out of bankruptcy, involving complex in-bound licensing arrangements.
Counsel to Flying J Inc. in the merger of its travel center business with Pilot Travel Centers LLC.
Counsel to various private equity funds and other corporate clients involving the transfer of intellectual property associated with mergers, acquisitions and asset purchases, including advising clients regarding the intellectual property-related risks of transactions.
Litigation
Rembrandt Data Technologies, LP v. DIRECTV, Inc. et al., No. 08-1009 (E.D. Va.): Counsel to client DIRECTV in its defense of plaintiff's allegations of infringement of multiple patents relating to dial-up modem technology by client's satellite television set-top boxes. Obtained summary judgment of non-infringement of all claims ultimately asserted and all accused products, summary judgment of invalidity of all asserted claims of one patent, and summary judgment that the client was licensed under the asserted patents with respect to the client's products.
MSTG, Inc. v. Research In Motion Ltd., No. 08-c-7411 (N.D. Ill.): Counsel to client Research In Motion in its defense of plaintiff's allegations of infringement of multiple patents relating to wireless communications systems and protocols.
EZ4Media, Inc. v. Samsung Electronics Co., Ltd. et al., No. 08-cv-3732 (N.D. Ill.): Counsel to client Samsung in its defense of plaintiff's allegations of infringement of multiple patents relating to streaming wireless media centers.
Hardy v. McCann et al., No. 07-cv-6723 (N.D. Ill.): Counsel to Illinois state prisoner in lawsuit involving allegations of denial of necessary medical care. Obtained a favorable settlement for the client.
Other Distinctions
Member, Kirkland & Ellis Chicago Pro Bono Committee and IT Advisory Group
Recipient, 2009, Kirkland & Ellis LLP Pro Bono Service Award
Seminars
Presented on Latest Developments Involving the DMCA Safe Harbors at the Kirkland & Ellis 19th Annual Technology & Law Seminar on May 2012.
Prior Experience
PILI Fellow, Illinois Legal Aid Online, Chicago Office, 2008
Summer Associate, Kirkland & Ellis LLP, Chicago Office, 2007
