Electronic Hardware

The lawyers at Dunlap Bennett & Ludwig handling electronic hardware matters have experience spanning legal dimensions intellectual property creation, protection, and exploitation; tooling and manufacturing ownership disputes; supply chain failures; export compliance; and transactional diligence tied to engineered products. We understand how contractual structure, regulatory classification, and technical documentation intersect in hardware operations.

We serve a broad range of clients, including the following:

• OEM manufacturers and component suppliers
• Consumer electronics companies
• Industrial equipment and control system manufacturers
• Embedded systems and Internet of Things (IoT) hardware developers
• Contract manufacturers and design firms
• Defense-adjacent hardware producers

WHAT WE DO

Electronic hardware companies confront legal risk across product design, manufacturing, distribution, and commercialization. Our team addresses these risks through integrated support spanning intellectual property creation, protection, and exploitation; regulatory compliance; supply chain structuring; dispute resolution; and strategic transactions. We structure the legal frameworks that support manufacturing integrity, protect proprietary designs, allocate risk in production contracts, and defend companies when disputes arise.

Intellectual property: Patents, trademarks, trade secrets, and copyright

• Prepare and prosecute patent applications for circuit architecture, embedded systems, mechanical housings, power systems, and integrated assemblies
• Devise trade secret protection strategies for proprietary process know-how, firmware, design specifications, operating manuals, and analytical methods
• Prepare and negotiate technology licensing agreements, cross-licensing arrangements, and intellectual property provisions in joint venture and joint development agreements
• Prepare patentability opinions, validity opinions, infringement opinions, and freedom-to-operate opinions 
• Represent electronic hardware companies in patent infringement litigation, post-grant review proceedings, and trade secret misappropriation actions
• Counsel on intellectual property due diligence in acquisitions
• Offer advice on open innovation arrangements, collaborative research agreements, and university technology transfer agreements for R&D programs

Manufacturing, OEM, and supply chain contracts

• Draft and negotiate electronics manufacturing services (EMS) agreements, contract manufacturing agreements, and printed circuit board assembly (PCBA) supply contracts 
• Consult on original design manufacturer (ODM) and original equipment manufacturer (OEM) agreements, including intellectual property ownership provisions, exclusivity terms, and end-of-life product obligations
• Counsel on component supply agreements, authorized distributor agreements, and broker-dealer terms for electronic component procurement
• Prepare nondisclosure agreements, manufacturing know-how licenses, and technology transfer agreements for hardware development partnerships
• Advise on supply chain risk management, including dual-sourcing strategies, force majeure provisions, component obsolescence planning, and counterfeit component risk allocation
• Review cross-border manufacturing arrangements, incoterms selection, customs compliance, and import duty planning for hardware supply chains
• Handle commercial disputes arising from supply shortfalls, quality failures, specification breaches, and end-of-life component discontinuations

Export controls, trade compliance, and national security

• Offer guidance on Export Administration Regulations (EAR) classification and licensing 
• Counsel on International Traffic in Arms Regulations (ITAR) jurisdiction determinations 
• Review Office of Foreign Assets Control (OFAC) sanctions compliance for electronic hardware sales, distributor relationships, and technology transfers 
• Prepare and submit Bureau of Industry and Security (BIS) export license applications, commodity jurisdiction requests, and voluntary self-disclosures 
• Advise on Section 889 of the National Defense Authorization Act (NDAA) prohibited equipment restrictions and compliance obligations for government suppliers
• Design and implement export compliance programs, technology control plans, and training programs 

Transactions, licensing, and mergers and acquisitions

• Advise on acquisitions and divestitures of companies and product lines, including intellectual property due diligence, regulatory certification transferability, supply chain risk assessment, and purchase agreement negotiation
• Structure joint development agreements, technology collaboration arrangements, and co-design programs with component suppliers and platform partners
• Draft hardware licensing agreements, technology transfer arrangements, and platform access agreements
• Advise on hardware as a service (HaaS) business model structuring, subscription hardware agreements, and device financing arrangements

Product liability, warranty litigation, and other commercial litigation

• Defend product liability litigation involving alleged design defects, manufacturing defects, and failure to warn claims 
• Handle commercial disputes involving purchase orders, supply agreements, warranty claims, and indemnification obligations 
• Defend against false advertising and unfair competition claims involving performance specifications, compatibility claims, and product certifications

Government contracting

• Assess federal acquisition regulation (FAR) and Defense Federal Acquisition Regulation Supplement (DFARS) compliance
• Structure participation in Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs, Other Transaction Authority (OTA) agreements, and technology transition arrangements 
• Represent hardware companies in government contract disputes, bid protests, and contractor responsibility proceedings

Commercial litigation and business disputes

• Litigate breach of contract claims involving supply agreements and distribution arrangements
• Resolve disputes over exclusivity, territory, and pricing
• Address intellectual property ownership conflicts in joint development projects
• Defend trade secret misappropriation claims