Topic Archives: Data Rights

Breaking DOD’s Code: How to Figure Out and Resist What DOD Really, Truly Wants to Do to Your Data Rights

Your rights in technical data and software are at greater risk today than at any time during the last 25 years.  The Department of Defense (“DOD”) is proposing the authority to rewrite commercial software licenses in ways never before seen and guaranteed to be rejected by your software suppliers, as well as proposing authority to ...›

Intellectual Property
June 11, 2020Data Rights, Intellectual Property

FedPubs Intellectual Property Series (June 16-30)

MoFo partner Tina Reynolds, senior counsel Jay DeVecchio, and associate Locke Bell will be 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 ...›

April 16, 2020Data Rights, Intellectual Property

The Data Rights Black Hole: DOD Lobbies Congress to Eliminate Proprietary Rights in Your Most Valuable Trade Secrets — Your Detailed Manufacturing and Process Data

A long time ago in a galaxy far, far away, the Department of Defense (“DOD”) and industry came together after more than seven years of discussions and created a rational, logical, and fair constellation of regulations and laws governing the DOD’s and contractors’ rights in technical data and computer software.  These were, and essentially remain, ...›

Court of Federal Claims Marks Its Territory, Confirms CDA Jurisdiction Over Proprietary Legends

The Court of Federal Claims recently affirmed its jurisdiction to settle disputes over protective markings in Raytheon Co. v. United States.[i]  In that case, Raytheon asked the Court to review a contracting officer’s demand that Raytheon replace its common proprietary, not-subject-to-release-under-FOIA[ii] marking with the “Government Purpose Rights” legend prescribed by the DFARS. [iii] Among other ...›

Intellectual Property

DOD’s Other Transactions: Data Rights & Intellectual Property Simplified

How To Handle Intellectual Property Rights In OTs:  The Department of Defense is actively pursuing “Other Transactions” (OTs) instead of procurement contracts. This allows DOD and its contractors to avoid many of the most burdensome aspects of the procurement regulations.  But it also allows for even more confusion than usual about how to handle intellectual ...›

Cybersecurity

Supreme Court Removes “Substantial Competitive Harm” Requirement for Contractors Seeking to Protect Confidential Information from Release Under FOIA

You can rejoice in a recent Supreme Court decision if you have ever spent hours trying to convince a government agency not to release your company’s confidential information to the public in response to a Freedom of Information request. In a reversal of long-standing precedent in federal district and circuit courts, the Supreme Court ruled ...›

Intellectual Property

Pub K’s Annual Review Webcast: MoFo Partners Jay DeVecchio and Kevin Mullen Speaking

On December 12, 2018, MoFo partners Jay DeVecchio and Kevin Mullen will participate in Pub K’s Annual Review LIVE Webcast. The Annual Review will provide analysis, updates, and outlook for government contracting professionals for FY 18-19. Jay’s panel, “Intellectual Property, Information Technology & Cybersecurity” will be held from 11:00AM-11:50AM. Kevin’s panel, “Protests” will be held ...›

August 23, 2018Data Rights, Intellectual 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 ...›

Defense

Don’t Set Your Hair on Fire Yet over Data Rights Challenges Under the FY 2019 NDAA

Congress recently authorized the Department of Defense’s spending for Fiscal Year 2019 and, unsurprisingly, attached some strings in the guise of acquisition reform.  One of these is a modest change to the burden of proof in a rarely used exception to a data rights challenge.  This exception now allows the DOD to override the challenge ...›