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“March-in” Rights – The (Paper) Damoclean Sword of Federal Procurement Patent Law

Given the recent PilieroMazza webinar on Data Rights in federal contracting, we have had a number of clients raise concerns or questions about the government’s “march-in” rights under the Bayh-Dole Act, which controls certain...more

How Long Is Your Non-Disclosure Agreement Enforceable? It Depends.

Non-disclosure agreements (“NDA”), or confidentiality agreements, are useful in a variety of contexts, including between teaming partners, contractors and subcontractors, as well as employers and employees. ...more

State May Not Disclose Trade Secrets Submitted as Part of RFP Response

If you have ever agonized about whether to include certain confidential business information in a bid for a state contract in New Hampshire because of concerns that your competitors might get their hands on it, you should...more

Sixth Circuit Affirms Sanctions for Frivolous and Retaliatory False Claims Act Suit

On May 1, 2015, in United States ex rel. Jacobs v. Lambda Res., Inc., No. 14-3705, 2015 WL 1948247 (6th Cir. May 1, 2015), the Sixth Circuit Court of Appeals affirmed the lower court’s award of sanctions against a relator and...more

DoD's Updated FOIA Program and Exemption 4 Guidance

On September 3, 2014, the Department of Defense (DoD) issued a proposed rule updating its policies and procedures implementing the Freedom of Information Act (FOIA), including FOIA Exemption 4. FOIA Exemption 4 exempts from...more

NY Federal Court Rules Auditors Strictly Liable for Their “Opinions”

NY Federal Court Rules Auditors Strictly Liable for Their “Opinions” by Michael Cifelli on September 23, 2013 Ernst & Young and PriceWaterhouseCoopers will not be dismissed from the securities classaction lawsuit...more

A Reply to the New England Journal of Medicine

In its August 29, 2013 edition, the New England Journal of Medicine saw fit to print two "perspective" pieces attacking the Bayh-Dole Act. The primary article is by Dr. Howard Markel entitled "Patents, Profits, and the...more

Patents, Genetic Testing, and Federal Funding

In a July 12, 2013 letter to Dr. Francis S. Collins of the National Institutes of Health (“NIH”), Senator Patrick J. Leahy urged the NIH to exercise its march-in rights under the Bayh-Dole Act to directly license the genetic...more

Trade & Manufacturing Alert - June 2013

In This Issue: - Report On China's Industrial Policies Shows Numerous Industries Receive Illegal Subsidies - Material Injury Standard For Antidumping And Countervailing Duty Investigations Still Subject To...more

The Pennsylvania Supreme Court's First Interpretation of the 2008 Right-To-Know Law: Release of Third-Party Contractor/Vendor...

The Pennsylvania Supreme Court has issued its first decision interpreting the new Right-to-Know Law, requiring a municipal stadium authority to produce bids in possession of its private management company, but setting forth a...more

Military Flash Drive Producer Sued For Copyright And Patent Infringement

California based IronKey is being slapped with two lawsuits in federal court. One is for patent infringement, the other copyright infringement. Most companies that do business in the technology area are global in reach,...more

Supreme Court Affirms Rights of Inventors in Stanford v. Roche

The Supreme Court has reaffirmed the “basic principle” of patent law that patent rights vest initially in the inventor and not the inventor’s employer. In Bd. Of Trustees of the Leland Stanford Junior Univ. v. Roche Molecular...more

Supreme Court Decision: Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc.

In its decision announced yesterday in Board of Trustees of the Leland Stanford Junior University v. Roche Molecular Systems, Inc., 563 U.S. ___ (2011), the Supreme Court clarified the ownership of inventions resulting from...more

Bd. Of Trustees of the Leland Stanford Junior University v. Roche Molecular Sys., Inc., No. 09-1159, Decided June 6, 2011

This week, the Supreme Court rendered its decision in Stanford v. Roche, addressing the issue of patent ownership in the context of federally funded inventions under the Bayh-Dole Act. Affirming the basic tenet of patent law...more

Overview of PRC Contract Law Principles and Tips on Contract Drafting for China Market

An Overview of PRC Contract Law and Tips on Risk Management in Legal Drafting for the China Market...more

BMG v Chukchansi - Stanley

Petition for Rehearing en banc - Opposition

10th Circuit Court of Appeals Reversed and Remanded, agreeing with our appeal that tribal sovereign immunity is not waived by a casino employee's action in an intellectual property matter...more

How to Become a United States Government Contractor

This article discloses how to become eligible for government contracts and research grants. It does not address getting on the GSA schedule....more

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