Topic Archives: Intellectual Property

August 23, 2018Intellectual Property

Taking the Mystery Out of Data Rights

Rights in technical data and computer software are increasingly a topic of dispute between contractors and the Government, particularly the Department of Defense (DOD). This is because of three forces: (1) congressional and DOD initiatives to acquire rights in data and software sufficient to implement DOD’s modular open systems approach, which is intended to allow ...›

Intellectual Property
August 16, 2018Compliance, Intellectual Property

FedPubs Intellectual Property Webinar Series

MoFo partners Jay DeVecchio and Tina Reynolds and associate Locke Bell will be co-presenting an upcoming FedPubs 3-part webinar series on intellectual property rules and regulations in government contracting. The series will provide an overview of the key principles governing the allocation of rights in technical data, computer software, and patents. Attendees will learn the ...›

Intellectual Property
July 19, 2018Intellectual Property

ASBCA’s Landmark Holdings in CiyaSoft: Government Bound by Commercial Computer Software License It Never Saw and Has An Implied Obligation to Protect Licensed Software

In a decision published last week, Appeals of CiyaSoft Corp., ASBCA Nos. 59519, 59913, the Armed Services Board of Contract Appeals (ASBCA) held for the first time that the Government may be bound by the terms of a commercial software license it has neither seen nor expressly agreed to, so long as those terms are ...›

Intellectual Property

Sikorsky: What the GAO Said and Did Not Say About Soliciting Data Rights

The GAO’s decision last week, denying in part and dismissing in part Sikorsky Aircraft Corporation’s much-watched protest of the Air Force’s solicitation to replace the UH-1N helicopter, deals an early (if light) blow to contractors in their fight against the Air Force’s recent data rights grab.[1]  Followers of this blog and readers of the Government ...›

Compliance

Bayh-Dole Regulatory Update Offers Clarifications to Federal Grantees and Contractors But Also Raises Specter of Government Interference with Patent Rights

Effective May 1, 2018, newly issued federal government contracts, grants, and cooperative agreements will be subject to revised regulations implementing the Bayh-Dole Act, the federal statute governing title and license rights for inventions developed with federal funding.  The new regulations were issued on April 13, 2018 by the Department of Commerce, National Institute of Standards ...›

Intellectual Property
May 1, 2018Intellectual Property

FedPubs Government Contracts Conference, MoFo Partner Jay DeVecchio Speaking

On May 9 and May 10, 2018, Morrison & Foerster partner Jay DeVecchio will be teaching two courses at the Federal Publications’ annual La Jolla Government Contacts Conference, “Masters Institute in Government Contract Intellectual Property” (May 9) and “Disputes & Terminations” (May 10). Jay will provide an overview of intellectual property in government contracting, and ...›

Cybersecurity

PubKLaw Webinar: Government Contracts Year-In-Review FY 16-17

On December 15, 2016, Morrison & Foerster Partner W. Jay DeVecchio will be presenting at PubKLaw’s 2nd Annual Government Contracts Year-In-Review FY 16-17. Mr. DeVecchio’s panel, “Intellectual Property, Information Technology, and Cybersecurity in Government Contracting,” will be held from 1-2:30PM. The program will provide analysis, updates, and outlook for government contracting professionals for FY 16-17. ...›

FCA

False Claims Act Trends: Technical Data, Software And IP

Government contracting has never been easy. But occasionally it is exciting, at least at the outset: Figuring out how to prepare the most competitive proposal and landing a significant contract are memorable achievements (assuming one survives the bid protest). The work also can be satisfying: Getting the customer what it needs, when it needs it, and doing this well can make a difference in peoples’ lives. ...›