Intellectual Property Government Contracting Science, Computers & Technology

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

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

Expect Focus – International, Summer 2015

In This Issue: - TTIP’s Impact on U.S. and EU Trade Relations - Proposed Innovation Box Legislation - Justice Department Recovers Nearly $6 Billion From False Claims Act Cases in 2014 - Rules...more

U.S. Government Patent Infringement Precludes Induced Infringement

In Astornet Technologies, Inc. v. BAE Systems, Inc., the Federal Circuit affirmed the district court’s dismissed of actions for induced infringement where the alleged direct infringer was the U.S. government. In particular,...more

“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

Senator Asks Department of Veteran Affairs to Break Patents on Hepatitis C Drugs

Last week, in a letter addressed to the Secretary of the U.S. Department of Veteran Affairs, Senator Bernard Sanders (I-VT) urged Secretary Robert McDonald to use his authority as Secretary "to break the patents on Hepatitis...more

Stanford University v. Roche Molecular Systems, Inc.’s Impact on Government Contracts

A decision by the Supreme Court of the United States on June 6, 2011 has a great impact on the interpretation of the Bayh Dole Act as well as assignment of contracts relating not just to the Bayh Dole Act but to assignments...more

Blog: Litigation Round-Up: Some Recent Drug & Device Settlements, Investigations, Inquiries

Settlements - Pharmaceutical company Organon Inc. agreed to pay $31 million to settle federal and state allegations that it underpaid Medicaid drug rebates, provided kickbacks to nursing home pharmacy companies,...more

Patent Rights in Government Contracts

Patents are often a company’s most important asset. Thus, when a company is contracting with the federal government, that company needs to proceed with caution to avoid loss of patent rights. Government contracts can cover...more

CYBERSECURITY UPDATE: New Rules Require Defense Contractors To Protect Technical Information

The U.S. Department of Defense issued final rulemaking on November 18, 2013 that will require DOD contractors to protect from attack confidential technical information on their computer systems, and to report and cooperate...more

The Open Source Siren Song

The opportunity to use Open Source software also offers leverage in the context of technology procurement. In November 2003, the Brazilian government issued a policy encouraging the use of Open Source. By 2005, 300,000...more

NIH Declines to Exercise March-in Rights over Abbott Laboratories' Norvir®

Last week, the National Institutes of Health denied a petition from a coalition of "public interest" groups who petitioned the agency to exercise so-called "march-in rights" under provisions of the Bayh-Dole Act against...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

NEJM Perspective Calls for Recalibration of Bayh-Dole Act

In a perspective published in the August 29 issue of the New England Journal of Medicine, Dr. Howard Markel outlines the events leading up to the enactment of the Bayh-Dole Act and states that "a review of [the Act's] origins...more

Tropp v. Conair et al.

Brief in Opposition to Defendants' Motion for Summary Judgment On the Ground of Non-Infringement

Brief in opposition to defendants' post-Akamai motion for summary judgment on the ground of non-infringement....more

Tropp v. Conair et al.

Brief in Opposition to Defendants' Motion for Summary Judgment Based on 28 U.S.C. § 1498

From the preliminary statement: Plaintiff David Tropp (“Tropp”), owner of U.S. Patent Nos. 7,021,537 and 7,036,728 (the patents-in-suit), submits this memorandum of law in opposition to the motion by Travel Sentry and...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

Pictometry Int'l Corp. v. Freedom of Information Commission et al.

Connecticut Supreme Court Decision

Connecticut Supreme Court Decision...more

Ownership of Inventions Funded with Federal Research Grants

The FY-2012 National Defense Authorization Act reauthorized the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs through 2017. Administered by the U.S. Small Business...more

Groups Petition for NIH Exercise of March-in Rights over Abbott Laboratories' Norvir®

Since 1980, the Bayh-Dole Act has encouraged, facilitated, and required universities and other recipients of Federal grant money to license inventions resulting from funded research for commercialization. While this has been...more

Access to Confidential Information in Failed Bid Not Allowed

A recent Order (MO-2786) of a Senior Adjudicator of the Office of the Ontario Information and Privacy Commissioner provides a useful guide for organizations wishing to protect confidential and financial information submitted...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

Invention Assignment Following Stanford v. Roche: Implications for Technology Transfer and Government Contracts

Last week the United States Supreme Court clarified the respective invention ownership rights between federal contractors and their employee-inventors under the Bayh-Dole Act (35 U.S.C. §§201(e), (c), 202(a)) (the “Act”) in...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

Frankenstein's Monster: Data Rights Changes Adopted In The National Defense Authorization Act For Fiscal Year 2011

A great deal of discussion has transpired regarding recent legislation that reportedly could alter significantly the established “follow-the-funds” test used for the allocation of intellectual property rights in data...more

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