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, specifically as they pertain to “other transactions” (OTs). The use of OTs ...›
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 ...›
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 ...›
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 ...›
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 ...›
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 ...›
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 ...›
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 ...›
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 ...›
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 ...›