Richard Stobbe

Richard Stobbe: Attorney with Field Law
  • Associate, Trademark Agent, CLP at Field Law (122 Attorneys)
  • 400 - 444 7 AVE SW, Calgary, AB, Canada T2P 0X8
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Biography

Richard Stobbe is an intellectual property lawyer, Trademark Agent and Certified Licensing Professional (CLP), helping corporations and individuals throughout Alberta with a practical and solutions-oriented approach. Many of his clients are mid-sized software vendors, company founders and owner-operators who value Richard's responsive, cut-to-the-chase approach to problem solving. He is also called in to flag and resolve issues for corporate transactions involving intellectual property (IP) assets.

My role is to help my clients make better decisions at critical points in their business life. Information is cheap but clear analysis and customized advice is invaluable.

As you might expect from a practice focused on Alberta, Richard's IP clients frequently serve the oil and gas industry's software needs. In addition to the energy space, Richard works with tech companies involved with agriculture, insurance and university-based tech transfer. He has years of experience handling sophisticated business issues involving the full spectrum of IP concerns, including:

•IP licensing
•Software licensing
•IP due diligence
•Technology transfer and patent licensing
•Cloud-computing
•Franchise law
•Trademark prosecution and dispute resolution
•Domain name law
•Internet law
•E-commerce law
•Privacy law

Prior to joining Field Law, Richard practiced with a Calgary firm and in Vancouver, B.C. He has been a course instructor in intellectual property law for the Masters of Biotechnology class at the University of Calgary and for the Bissett School of Business at Mount Royal University and has been a guest lecturer at the University of British Columbia Faculty of Law in Vancouver. Richard has taught business law at the Southern Alberta Institute of Technology and Internet Law and New Media at the University of British Columbia and has also instructed the course Internet Law - The Law and New Media at the British Columbia Institute of Technology.

Outside of Work

In the winter, I'm with my family on the ski-hill as often as possible. In the summer, we hike, canoe and spend time in the backcountry of Alberta.

Presentations

Past Presentations

The following is a list of presentations, seminars or speaking engagements previously given by Richard:

Trademarks and Copyright Venture Development Class - University of Calgary Haskayne School of Business March 2016
Patent Law, Software Licensing and IT Transactions Mini MBA for Lawyers Cconference December 2015
Top Ten Developments in Intellectual Property Law Innovate Calgary November 2015
Technology Escrow Agreements LESA Technology Contracts Conference - Edmonton/Calgary September 2015
Intellectual Property Protection and Patents The Association of Professional Engineers and Geoscientists of Alberta March 2013
Protecting Intellectual Property University of Calgary March 2013
Cloud Computing 5th Cloud Computing Law Conference October 2012
The Perils of Disclosure: Invention Disclosure and Patent Grace Periods Licensing Executives Society - Calgary Chapter September 2012
Software Licensing: The Good, The Bad and the Virtual Calgary Chapter of the Licensing Executives Society May 2012
Copyright Reform is Dead.... Long Live Copyright Reform! The Licensing Executives Society - Calgary Chapter April 2011
The Law of Open Source Licensing Cossfest April 2010
Introduction to Intellectual Property and Licensing MDSC 677 Masters of Biotechnology class - Biotechnology Commercialization - University of Calgary February 2010
Apps: The Legal Side iPhone Forum November 2009
10 Cases / 10 Clauses Licensing Executives Society April 2009
Introduction to Intellectual Property and Licensing MDSC 677 Masters of Biotechnology class - Biotechnology Commercialization - University of Calgary March 2009
Open Source: Software, Biotech & Beyond Licensing Executives Society, Edmonton Chapter December 2007
Business Law 200 Southern Alberta Institute of Technology 2006
Managing and Protecting Your Intellectual Property BCIT Advanced Research Forum June 2003
Internet Law and New Media University of British Columbia, Continuing Education 2003
Key Issues to Building a Solid High-Tech Company Northern New Media and IT Conference November 2001
Canadian Privacy Law British Columbia Internet Association Annual Conference May 2001
Analysis of the Personal Information Protection and Electronic Documents Act and Intellectual Property Overview New Media BC February 2001
Internet Law - The Law and New Media British Columbia Institute of Technology 2000

Published Works

Articles

Best Practices for Display of a Trademark on Software The Advisor March 2017
The Wild West: Drone Laws and Privacy in Canada The Medium September 2016
Ownership of Copyright in Software The Medium September 2016
A Binding Clickwrap Agreement From Paper? The Advisor July 2016
What Happens When a Franchise Agreement Ends - Part Three: Rescission The Advisor February 2016
Forum Selection in Online Terms IPblog - Intellectual Property Law in Canada September 2015
No copyright or trademark protection for metatags IPblog - Intellectual Property Law in Canada August 2015
Competing After Employment (Part One) The Medium April 2015
What Happens When a Franchise Agreement Ends, Part Two: Cancellation The Advisor March 2015
Intellectual Asset Management Best Practices - Part 2 The Medium November 2014
Intellectual Asset Management Best Practices - Part 1 The Medium May 2014
Unilateral Changes to Online Terms: Do They Work The Licensing Journal May 2014
Competing After Employment (Part Two) The Medium March 2016
Franchise Law Series: Part One The Advisor February 2014
Supreme Court on Copyright Infringement and Protection of Ideas The Medium February 2014
Tips and Trends in Online Contracting The Medium November 2013
Keeping Secrets: Trade Secrets and Confidentiality Agreements The Advisor October 2013
Software Licenses and Indemnities: What Obligations Are You Taking On? The Medium June 2013
Protection By Design: Industrial Design Law In Canada The Medium March 2013
Trade-Mark Rights: Across the Border & on the Web The Medium March 2013
Outsourcing by Canadian Companies: Another Look at the USA Patriot Act IP/Tech E-Bulletin January 2013
Click and Copy: Breach of Online License Agreements and Copyright Infringement Canadian Intellectual Property Review Dec 2012
Intellectual Property Issues in Corporate-Commercial Transactions The Medium April 2012
You Can't Have Clouds Without a Little Bit of Lightning: Cloud Computing in 2012 The Advisor February 2012
Software Licensing and Development: A Case Study The Medium Winter 2012
Canada's New Anti-Spam Legislation: How can it impact your business? The Advisor Fall 2011
Canadian Trade-Mark Update: .XXX Blocking Process IP/Tech E-Bulletin Aug 2011
Software licensing in the cloud Lawyers' Weekly May 2011
Tips For Software Licensing in 2011 The Medium Spring 2011
Executive Compensation: Looking at the Whole Package The Advisor Winter 2011
CleanTech in Calgary January 2011
The legal implications of app development Lawyers' Weekly November 2010
Tips and Trends in CleanTech Licensing Lawyers' Weekly November 2009
Coca-Cola vs. Pardhan Canadian International Lawyer June 2000

Media

Publisher of ipblog.ca , the first Calgary-based law-blog to focus on intellectual property law, trade-marks and internet law in Canada, October 2006 - present.

Interviewed by Maclean's magazine on the topic of online defamation (May, 2009)

Interviewed by Montreal Gazette (January, 2008) on the topic of copyright and digital rights management.

Interviewed by Oilweek Magazine (January 2007) on the subject of IP licensing.

National Post interview on the plan to fast-track cleantech patent applications: Canada plays catch-up on cleantech patents

Experience

An Alberta-based software vendor had developed a proprietary product that it was ready to take to market with their first big customer. The software vendor turned to Richard when they faced negotiations involving complex contractual issues with which they didn't have first-hand experience. They felt as though their reputation was at stake and they were losing control of the negotiation process, as Richard described it. Issues such as software escrow, IP indemnities and limitations of liability - these issues took on additional importance for this client in light of the size of the deal. The stakes were higher. So, we unpacked the issues one at a time, got them through the process under some intense time and budget pressures, signed the deal and helped them move onto implementation.
•Richard was brought in to handle IP due diligence when the founders of an Alberta-based software client were negotiating the sale of the company's assets to a much bigger U.S. company. A smaller firm was initially engaged to assist with the main contract negotiations. However, when it became clear that the deal was becoming much more complex, the smaller firm turned to Richard to take on the whole transaction. We took over as lead counsel as the deal evolved. I assisted the client through a long and complicated asset purchase agreement, one with a few cross-border twists. The deal involved terms of payment after closing, residual risks and complex representations and warranties about what the vendors were able to promise about the assets they were selling. Of course, there was a tight closing deadline. It was a big plus for me to have deep, expert help within Field Law. When you're negotiating across from U.S. counsel, it's nice to stand shoulder-to-shoulder with your colleagues who have securities, corporate and employment law expertise. It's this bench-strength that clients are looking for when they are negotiating the biggest deal of their lives.

Other representative experience:

•Acted as counsel for the vendor in the purchase and sale of shares of a cloud-computing (software-as-a-service) company
•Acted as counsel for health services company in its acquisition by a public company for aggregate consideration of up to $215 million, including the sale of intellectual property to the purchaser for an aggregate purchase price of $55 million in cash
•Acted as counsel for the borrower in connection with $90 million credit facility including preparation and drafting of closing documents, credit agreement and subsidiary guarantees and security
•Acted for multinational oil company in preparation and drafting of closing documents in connection with $45 million amended credit agreement and subsidiary guarantees
•Preparation and drafting of documents for $15 million investment in manufacturing company by way of issuance of series of secured debentures
•Conducted due diligence review, acting for syndicate of venture capitalists and other private investors in $14.5 million equity financing of biotechnology company, drafting and negotiating shareholder and share subscription agreements
•Acted in acquisition and financing of $5.6 million fibre-optic network, and drafting related agreements, including indefeasible rights of use agreements
•Licensing and protection of intellectual property (IP) rights, including software licensing, trade-mark licensing, licensing of mobile applications, patent licensing and assignments of IP rights
•Advised multinational company on IT outsourcing, including software licensing, customization, technical support agreement and IT services agreement
•Acted in negotiation and settlement of disputes regarding ownership of IP rights
•Negotiated the settlement of domain name disputes including drafting domain name transfer agreements, and arbitration claims pursuant to dispute resolution procedures
•Acted for university tech-transfer office in connection with out-bound licensing of intellectual property rights
•Acted for internet-based software service providers in licensing of technology
•Assisted client with preparation of national franchise agreements and disclosure documents
•Trade-mark protection strategies, licensing, assignments and transfers, trade-mark prosecution and re-branding projects for companies with worldwide operations
•Advising on website development agreements, online contracting and e-commerce agreements
•Establishing security in connection with various transactions, including inventory financing, purchase and sale of real estate, inter-company loans
•Preparing and advising on OEM, manufacturing and distribution agreements
•Drafting and advising on multi-party joint venture agreements
•Acting for companies and shareholders in the negotiation and drafting of shareholders agreements and share subscription agreements
•Acting for purchasers / vendors in purchase and sale of business assets and shares, including drafting and negotiation of purchase agreements, conducting due diligence, reviewing and preparing financing documents, obtaining security

Areas of Practice (6)

  • Intellectual Property and Technology
  • Business
  • Corporate Finance and Securities
  • Privacy
  • Internet Law
  • Emerging Technologies

Education & Credentials

Contact Information:
403 260 8508  Phone
403 264 7084  Fax
www.fieldlaw.com
University Attended:
University of Waterloo, Bachelor of Arts, with Honours, 1994
Law School Attended:
University of British Columbia, Bachelor of Laws, 1998
Year of First admission:
1999
Admission:
1999, British Columbia; 2005, Alberta
Memberships:

Professional Associations

Canadian IT Law Association Member 2016-Present
Canadian Bar Association, Intellectual Property Section Executive 2012-2017
Canadian Bar Association, Intellectual Property Section Member
Intellectual Property Institute of Canada (IPIC) Member 2012-Present
Law Society of Alberta Member 2005-Present
Law Society of British Columbia Member 1999-Present
Licensing Executives Society, Calgary Chapter Chair 2006-2014
Licensing Executives Society, Calgary Chapter Member 2005-Present

Reported Cases:
Deals and Cases: The following represents some of Richard's past and present experience: Acted as counsel for the vendor in the purchase and sale of shares of a cloud-computing (software-as-a-service) company; Acted as counsel for health services company in its acquisition by a public company for aggregate consideration of up to $215 million, including the sale of intellectual property to the purchaser for an aggregate purchase price of $55 million in cash; Acting as counsel for borrower in connection with $90 million credit facility including preparation and drafting of closing documents, credit agreement and subsidiary guarantees and security; Licensing and protection of intellectual property (IP) rights, including software licensing, trade-mark licensing, licensing of mobile applications, patent licensing and assignments of IP rights; Advising multinational company on IT outsourcing, including software licensing, customization, technical support agreement and IT services agreement; Acting in negotiation and settlement of disputes regarding ownership of IP rights; Acting in negotiation and settlement of domain name disputes including drafting domain name transfer agreements, and arbitration claims pursuant to dispute resolution procedures; Acting for university tech-transfer office in connection with out-bound licensing of intellectual property rights; Acting for internet-based software service providers in licensing of technology; Advising on and creating national franchise agreements; Trade-mark protection strategies, licensing, assignments and transfers, trade-mark prosecution and re-branding projects for companies with worldwide operations; Advising on website development agreements, online contracting and e-commerce agreements; Acting for multinational oil company in preparation and drafting of closing documents in connection with $45 million amended credit agreement and subsidiary guarantees; Preparation and drafting of documents for $15 million investment in manufacturing company by way of issuance of series of secured debentures; Conducting due diligence review, acting for syndicate of venture capitalists and other private investors in $14.5 million equity financing of biotechnology company, drafting and negotiating shareholder and share subscription agreements; Acting in acquisition and financing of $5.6 million fibre-optic network, and drafting related agreements, including indefeasible rights of use agreements; Establishing security in connection with various transactions, including inventory financing, purchase and sale of real estate, inter-company loans; Preparing and advising on OEM, manufacturing and distribution agreements; Drafting and advising on multi-party joint venture agreements; Acting for companies and shareholders in the negotiation and drafting of shareholders agreements and share subscription agreements; Acting for purchasers / vendors in purchase and sale of business assets and shares, including drafting and negotiation of purchase agreements, conducting due diligence, reviewing and preparing financing documents, obtaining security; Acted as counsel to Canadian vendors of assets to a US public company, including the sale of software, trademarks and intellectual property assets
ISLN:
922295737

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