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Intellectual Property Protection Department of Defense (DOD)

Knobbe Martens

Department of Defense Releases a New Intellectual Property Guidebook

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The Department of Defense (the “DoD”) recently released a new comprehensive guidebook to help navigate intellectual property laws and regulations. The guidebook states: In today’s global military competition, DoD needs to...more

PilieroMazza PLLC

The Rise of OTA in Defense Contracting, Part 3: Best Practices for OTA Negotiations

PilieroMazza PLLC on

In this Part 3 of PilieroMazza’s blog series, “The Rise of OTA in Defense Contracting,” we discuss tactics and best practices defense contractors should deploy when negotiating terms once selected for an OT award. This is...more

Wiley Rein LLP

DOD Mandates Use of Software Acquisition Pathway for Software Development Procurements

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WHAT: Department of Defense (DOD) Secretary Pete Hegseth issued a memorandum titled “Directing Modern Software Acquisition to Maximize Lethality” that is intended to reform DOD’s procurement involving software development....more

Wiley Rein LLP

[Podcast] Managing Software Licenses in Government Contracts: Lessons from Recent Cases

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In this episode of Wiley's Government Contracts podcast, Wiley Partner Scott Felder discusses the complexities of software licensing in government contracts. The group covers key issues like license compliance, terminations,...more

Fenwick & West LLP

Navigating IP in Government Contracts

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For space, defense, and industrial technology companies, securing government contracts is often a major growth milestone. But without a clear IP strategy, working with agencies like NASA or the Department of Defense (DoD) can...more

Morrison & Foerster LLP - Government...

Marking Commercial Technical Data After FlightSafety

There is no law or regulation instructing contractors how to mark commercial technical data delivered to the Department of Defense (DoD). Yet the DoD Federal Acquisition Regulation Supplement (DFARS) is quite clear that...more

Morrison & Foerster LLP - Government...

DoD Other Transactions (OTs) Desk Reference

The incoming Trump administration has sent many signals that it intends to ramp up the Department of Defense’s use of nontraditional acquisition pathways to bridge the “Valley of Death” and bring innovative technologies to...more

Fenwick & West LLP

CLE Takeaways: Preparing to Sell Your Defense Tech Company

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For defense technology companies contemplating a sale, understanding how to maximize value while navigating complex regulatory and compliance requirements is crucial for a successful transaction....more

Morrison & Foerster LLP - Government...

DoD Updates Data Rights Regulations for SBIR/STTR Programs

As of January 17, 2025, the Department of Defense’s data rights regulations and contract clauses look a little different, yet substantively very little has changed. The update is to formally incorporate changes the Small...more

Morrison & Foerster LLP - Government...

SHARE IT Act Requires Agencies to Share Custom-Developed Source Code Throughout the Government

On December 23, 2024, President Biden signed the Source Code Harmonization and Reuse in Information Technology Act (“SHARE IT Act” or “the Act”), which provides a formal mechanism for federal agencies to store and share...more

PilieroMazza PLLC

Better Late Than Never: DOD Amends DFARS Implementing SBIR/STTR Data Rights, What it Means for Small Business

PilieroMazza PLLC on

On December 18, 2024, the Defense Department (DOD) issued its Final Rule (Rule) amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement the data rights portions of the Small Business...more

Morrison & Foerster LLP - Government...

FY25 NDAA: Promoting Nontraditional Acquisition While Securing the Supply Chain, and More

On December 23, 2024, President Biden signed into law the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2025. The annual bill authorizes spending for the Department of Defense (DOD) while setting other...more

IR Global

Defence Tech - Valuation & Financial Advisory Services For Success

IR Global on

The defense technology sector (“defense tech”) has experienced remarkable growth in recent years, with projections indicating continued expansion in the near future. This surge is largely driven by increased global defense...more

Moore & Van Allen PLLC

The AI Executive Order: What’s Happened and What’s Coming Up… 

Last week, the White House issued an update on President Biden’s October 30, 2023 Executive Order on the Safe, Secure, and Trustworthy Development and Use of Artificial Intelligence (the “AI EO” or “EO”). The update detailed...more

Wiley Rein LLP

Space Force Unleashes Project Apollo to Accelerate Private Sector Tech Development

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WHAT: The Space Force’s Space Domain Awareness (SDA) Tools, Applications, & Processing (TAP) Lab is kicking off its inaugural Project Apollo cohort on October 26, 2023. Open to all domestic companies, Project Apollo will be...more

Pillsbury Winthrop Shaw Pittman LLP

Department of Defense Designates Eight Technology Hubs to Create “Lab to Fab” Pathways for Microelectronics Researchers

The designation of new technology hubs is a major implementation milestone of the new Microelectronics Commons program, created by the CHIPS Act. The Department of Defense (DoD) Microelectronics Commons program, created...more

Fenwick & West LLP

Federal Agencies Continue Investment in Private Sector Research and Development

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In December 2022, the U.S. Government Accountability Office (GAO) reported on federal research and development (R&D) spending focused on emerging technologies to further economic growth and national security. The U.S. federal...more

Pillsbury Winthrop Shaw Pittman LLP

DoD Issues New Small Business Strategy to Bolster Participation

The Department of Defense (DoD) recently issued a new Small Business Strategy to reverse the significant decline in the number of small businesses participating in government contracts by launching new initiatives that will...more

McDonnell Boehnen Hulbert & Berghoff LLP

President Biden's Biotechnology and Biomanufacturing Executive Order: Funding

President Biden announced his signing of an Executive Order launching a major effort to enhance U.S. capabilities in biotechnology and biomanufacturing last week (see "President Biden Signs Executive Order on Biotechnology...more

King & Spalding

Assessing the Value of Intellectual Property Rights in M&A Deals Involving Government Contractors

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Intellectual property (“IP”) rights can be one of the most valuable assets of a government contractor. There are several factors potential buyers can use to properly evaluate a government contractor’s IP in mergers and...more

ArentFox Schiff

Recent Case Developments Indicate Increased Judicial Scrutiny on China Initiative Prosecutions

ArentFox Schiff on

In November 2018, then-Attorney General Jeff Sessions launched the Department of Justice’s (DOJ) China Initiative, to prevent, combat, and prosecute theft of intellectual property, technology, trade secrets, and other...more

Holland & Knight LLP

Thinking Outside the Box: Last Call for Input Regarding DoD's Evaluation and Valuation of IP

Holland & Knight LLP on

Late last year in the Holland & Knight blog post, "DOD's New IP Rules May Impact Contractors' Rights in Computer Software and Technical Data," the firm reported on new intellectual property (IP) rules proposed by the U.S....more

Rothwell, Figg, Ernst & Manbeck, P.C.

Dual-Use Ventures & Intellectual Property: SBIR Data Rights, Patents, and Deals

Dual-use ventures—startups that intend to sell both commercially and to the Department of Defense (DoD)—enjoy many advantages. You have a strong opportunity to secure millions of dollars of non-dilutive R&D funding through...more

Sunstein LLP

“We’re Here to Help.” Government’s Ideal Role in Sparking Medical Advances?

Sunstein LLP on

Last month the United States Government Accountability Office (GAO) was asked to review federal contributions to the R&D of the drug remdesivir and determine government agencies' patent rights to the drug. The GAO determined...more

Holland & Knight LLP

DOD's New IP Rules May Impact Contractors' Rights in Computer Software and Technical Data

Holland & Knight LLP on

Defense contractors may soon face changes to their rights in computer software and technical data. The U.S. Department of Defense (DOD) has proposed revisions to the Defense Federal Acquisition Regulation Supplement (DFARS)...more

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