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Intellectual Property Government Contracting

Read Intellectual Property Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

Laws and Regulations Affecting Government Contractors

by Polsinelli on

How Trump’s “Buy American and Hire American” Could Alter Procurements - The President’s “Buy American and Hire American” Executive Order (EO), issued April 18, 2017, reflects Executive Branch policy and orders several...more

Top trade secret developments in 2017 for ADG companies

by Hogan Lovells on

Trade secrets form one of the most valuable assets of technology companies. The protection of trade secrets is widely seen as essential to foster innovation and economic growth. This past year, both the United States (U.S.)...more

Top EU patent and EU unitary patent developments in 2017 for ADG companies

by Hogan Lovells on

In 2016, proposals crystalized that will bring significant changes to the European Union (EU) patent system and the patent litigation system. Despite the Brexit, the United Kingdom (UK) has announced that it too will ratify...more

Public Information Act: Trade Secret Loophole Threatens Government Transparency

by Jackson Walker on

Do you trust your government (and what it does with your tax dollars)? If you answered, “No”—or even hesitated a bit—then you probably believe in government transparency. In Texas, a key to open government for citizens and...more

The Bayh-Dole Act

The Bayh-Dole Act allocates rights for intellectual property developed with federal funds between contractors or grant recipients and the government. This infographic provides an overview of the Bayh-Dole Act, the steps that...more

Gov't Contractors and the Inter Partes Review Time-Bar

Originally published in Law360 - January 2017. When a patent owner sues the United States for patent infringement, a government contractor who provides products and services to the government related to those patents may...more

U.S. Government Open Source Software: OMB’s Memorandum on Federal Source Code Policy Exposes IP Ownership Risk

by McCarter & English, LLP on

On August 8, 2016, the U.S. Office of Management and Budget (“OMB”) promulgated an Open Source Software (“OSS”) policy via the Memorandum for the Heads of Departments and Agencies, M-16-21 (“Memorandum” or “M-16-21”). The...more

5 Key Takeaways from My Long List of Regulatory Changes Shared at ECVC2016

by NAVEX Global on

As 2016 draws to a close with a major political transition underway in Washington, D.C., organizations already dealing with a rapidly evolving regulatory environment now face uncertainty regarding whether some of the new...more

Changes to Public Records Act Reshape Duties of Government Contractors

Recent amendments to Florida's Public Records Act both clarify and alter a contractor's responsibilities under the Act. The 2016 amendment to the Act applies to contracts with a public agency entered into or amended on or...more

EU and Canada Signed Landmark Trade Agreement

by Kirton McConkie PC on

While the U.S. was fully immersed in its presidential elections and took distance from the T.T.I.P. (the long-negotiated international trade agreement between the U.S. and the European Union), and while Great Britain was...more

Non-Commercial Computer Software Rights and Government Misconceptions About What It Buys

by PilieroMazza PLLC on

This article is the third installment in a series on Data Rights in Federal Contracts. We first wrote about what data rights were; then about technical data and how to protect it; and now we will discuss ownership, license...more

Claim Narrowed by Specification is Saved from Indefiniteness but too Narrow to be Infringed

In Liberty Ammunition, Inc., v. U.S., [2015-5057, 2015-5061] (August 30, 2016), the Federal Circuit reversed the Court of Claims decision that that ammunition rounds used by the United States Army embody the claims of Liberty...more

Rules of the (International) Road, Brexit, PPP as a New Tool for Argentina, and Keeping Non-U.S. Companies Safe from Suit (Expect...

by Carlton Fields on

- Post-Daimler: Are Non-U.S. Companies Safe from Suit in U.S. Courts? What if the Non-U.S. Parent Registers to Do Business in a State? - Rules of the (International) Road: Choosing and Appointing a Distributor ...more

Business Litigation Report - July 2016

Article: Increase in Vertical Price Restraint Enforcement in China - In recent months, Chinese anti-monopoly enforcement actions scrutinizing and penalizing pricing-related issues have noticeably increased. A growing...more

How the New Defend Trade Secrets Act of 2016 Impacts Government Contractors

by PilieroMazza PLLC on

The overwhelming bipartisan passage by both the House and Senate of the new Defend Trade Secrets Act of 2016 (“DTSA”) which was signed into law (18 U.S.C. §§ 1831-1839) by the president on May 11, 2016, marks not only an...more

Sons of Cyberlock: Recent Decisions Underscore Challenges in Drafting Enforceable Federal Contracting Teaming Agreements

by Smith Anderson on

Teammates pursuing federal contracts should draft their teaming agreements with care to avoid unintended consequences. The Pitfalls of Non-Specific Teaming Agreements - Among other issues, teammates cannot...more

The Supreme Court - June 2016 #4

by Dorsey & Whitney LLP on

The Supreme Court of the United States issued decisions in three cases on June 16, 2016: Universal Health Services, Inc. v. United States ex rel. Escobar, No. 15-7: Yarushka Rivera, a teenage beneficiary of...more

Intellectual Property Issues for Government Contractors

by PilieroMazza PLLC on

OVERVIEW - - Intellectual property - Types of intellectual property - Trademarks - Trade secrets - Copyrights - Patents - Data right Please see full Presentation below for more...more

What is Technical Data and How Do You Protect It

by PilieroMazza PLLC on

Technical data, as defined by the FAR, is “recorded information (regardless of the form or method of the recording) of a scientific or technical nature (including computer databases and computer software documentation).” See...more

False Claims Act Trends: Technical Data, Software And IP

by Morrison & Foerster LLP on

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...more

Workplace Policy Institute Insider Report — May 2016

by Littler on

Littler's Workplace Policy Institute Insider Report details key labor, employment, and benefits news and events at the federal, state, local, and global levels. The May edition of the Insider Report discusses recent agency...more

Intellectual Property in Government Contracts – Landmines Abound

by McGuireWoods LLP on

Intellectual property is often a company’s most valuable asset. For companies with federal government customers, following the government’s rules can mean the difference between maximizing and losing value in newly developed...more

Aviation Contractor Glides Away From Liability After Receiving Unsolicited Email Containing Trade Secrets

If a third party sends you someone’s trade secrets, and you delete them as soon as you know they’re trade secrets, you’re off the hook for misappropriation. That, in a nutshell, is what a Florida federal judge held on...more

Wrong Defendant, Wrong Court: Plaintiff Wrongly Targets Government Contractors Instead of U.S. Government - Astornet Technologies...

by McDermott Will & Emery on

In a case addressing whether a patent holder can sue government contractors in district court, the U.S. Court of Appeals for the Federal Circuit upheld the dismissal of Astornet’s claims against three government contractors...more

One Man’s Trash Is Another Man’s Trade Secret? Idaho Supreme Court Rules Against Appellant Waste Disposal Company In Bid to...

In a case more notable for the fact that it reached Idaho’s Supreme Court than the final decision, the lower court’s dismissal of the plaintiff waste disposal company’s misappropriation of trade secrets claim was affirmed....more

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