Government Contracts Insights

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
By: W. Jay DeVecchio
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
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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
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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
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June 11, 2020 - Data Rights, Intellectual Property
FedPubs Intellectual Property Series (June 16-30)
By: W. Jay DeVecchio, 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
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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
By: W. Jay DeVecchio
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
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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
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September 25, 2019 - Data Rights, Intellectual Property
MoForward 2020 Sneak Peek: Taking the Mystery Out of IP in Other Transactions
By: W. Jay DeVecchio and 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. For more details and to register, click here. MoFo partner Jay DeVecchio and associate Locke Bell will cover IP rights,
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July 31, 2019 - Defense, Data Rights, Intellectual Property
DOD’s Other Transactions: Data Rights & Intellectual Property Simplified
By: W. Jay DeVecchio
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
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June 26, 2019 - Federal Procurement, Data Rights, Grants, Intellectual Property, Cybersecurity & Data Privacy
Supreme Court Removes “Substantial Competitive Harm” Requirement for Contractors Seeking to Protect Confidential Information from Release Under FOIA
By: Tina D. Reynolds, James A. Tucker and Locke Bell
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
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May 30, 2018 - Acquisition Regulations, Compliance, Data Rights, Intellectual Property
Sikorsky: What the GAO Said and Did Not Say About Soliciting Data Rights
By: W. Jay DeVecchio and Locke Bell
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
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Topic Archives: 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

By: W. Jay DeVecchio

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: W. Jay DeVecchio, 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

By: W. Jay DeVecchio

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: W. Jay DeVecchio and Locke Bell

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

By: W. Jay DeVecchio

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

By: Tina D. Reynolds, James A. Tucker and Locke Bell

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

By: W. Jay DeVecchio and Locke Bell