Government Contracts Insights

December 18, 2023 - Intellectual Property
Biden Administration Proposes Novel Use of Price as Justification for Agency Exercise of March-In Rights for Government-Funded Inventions
By: Tina D. Reynolds and Daisuke Alexander Gatanaga
Presented as part of its effort to lower what it views as excessive prices for prescription drugs, the Biden administration on December 7, 2023, announced the release of a proposed framework to expand the use of government “march-in” authority under the Bayh-Dole Act. The
... ›
August 04, 2023 - Intellectual Property, Federal Procurement
Biden Executive Order Has Potential to Discourage U.S. Company Participation in Federal Research
By: Tina D. Reynolds
A new Biden administration Executive Order proposes to enforce more rigorously U.S. manufacturing requirements attendant to federally funded inventions. While the aim of the Executive Order is to support domestic manufacturing and jobs, the policy could have the unintended effect of discouraging U.S. company
... ›
December 07, 2022 - Intellectual Property
THE GOVERNMENT CONTRACTOR: Unrecognized and Overt Pressure on Contractors' Data and Software Rights: Risks Posed by H Clauses, Innocuous Acronyms (IPT, IDE, SaaS, DAL), and The Cloud
What do you really know about the data and software rights your engineers may well be giving up every day through Integrated Data Environments, Integrated Products Teams, the Cloud and such? Probably not enough, suggests Jay DeVecchio in an article for The Government Contractor discussing
... ›
March 02, 2021 - Protests & Litigation, Intellectual Property
U.S. Navy Breached Implied-In-Fact Software License, Federal Circuit Decides in Bitmanagement
By: Locke Bell
The Federal Circuit handed a substantial victory to Bitmanagement Software GMBH last week, finding the U.S. Navy had infringed the company’s copyright by installing its three-dimensional visualization software on hundreds of thousands of government computers without using license-tracking software to monitor and limit the
... ›
January 19, 2021 - Defense, Intellectual Property
The Federal Circuit, in Boeing, Backs Contractors’ Proprietary Markings, but Leaves Open an Important Question on Scope
By: Locke Bell
Federal contractors received some good news from the Federal Circuit this holiday season. The court held, in Boeing Co. v. Secretary of Air Force , that the Department of Defense (DoD) Federal Acquisition Regulation Supplement (DFARS) data rights clauses do not prohibit a contractor
... ›
June 11, 2020 - Data Rights, Intellectual Property
FedPubs Intellectual Property Series (June 16-30)
By: Tina D. Reynolds and Locke Bell
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
... ›
April 16, 2020 - Data 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
... ›
February 04, 2020 - Protests & Litigation, Defense, Compliance, Data Rights, Intellectual Property
Court of Federal Claims Marks Its Territory, Confirms CDA Jurisdiction Over Proprietary Legends
By: James A. Tucker and Locke Bell
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
... ›
September 25, 2019 - Data Rights, Intellectual Property
MoForward 2020 Sneak Peek: Taking the Mystery Out of IP in Other Transactions
By: Locke Bell
Mark your calendars for MoFo’s third annual MoForward program, which will be held once again at the Ritz Carlton Tysons Corner, on November 5. MoFo partner Jay DeVecchio and associate Locke Bell will cover IP rights, specifically as they pertain to “other transactions” (OTs).
... ›
July 31, 2019 - Defense, Data Rights, 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
... ›

Topic Archives: Intellectual Property

Biden Administration Proposes Novel Use of Price as Justification for Agency Exercise of March-In Rights for Government-Funded Inventions

By: Tina D. Reynolds and Daisuke Alexander Gatanaga

Biden Executive Order Has Potential to Discourage U.S. Company Participation in Federal Research

By: Tina D. Reynolds

THE GOVERNMENT CONTRACTOR: Unrecognized and Overt Pressure on Contractors' Data and Software Rights: Risks Posed by H Clauses, Innocuous Acronyms (IPT, IDE, SaaS, DAL), and The Cloud

U.S. Navy Breached Implied-In-Fact Software License, Federal Circuit Decides in Bitmanagement

By: Locke Bell

The Federal Circuit, in Boeing, Backs Contractors’ Proprietary Markings, but Leaves Open an Important Question on Scope

By: Locke Bell

FedPubs Intellectual Property Series (June 16-30)

By: Tina D. Reynolds and Locke Bell

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

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

By: James A. Tucker and Locke Bell

MoForward 2020 Sneak Peek: Taking the Mystery Out of IP in Other Transactions

By: Locke Bell

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