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Intellectual Property Protection DFARS

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

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

Seyfarth Shaw LLP

Six Essential Tips for Selling Commercial Products and Commercial Services to the Federal Government

Seyfarth Shaw LLP on

In celebration of the release of the 6th Edition of the Government Contracts Compliance Handbook, we are sharing six essential tips for selling commercial products and commercial services to the federal government. While...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

Troutman Pepper Locke

Software Developer Wins Preliminary Injunction Against the U.S. Navy in Trade Secrets Act Case

Troutman Pepper Locke on

We recently about the seeking preliminary relief under the Rocket Docket’s procedures. A recent decision from Judge Alston in the Alexandria Division is a good example of the speed in which the court acts in the context of...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

PilieroMazza PLLC

Third-Party Data-Rights Restrictions: Non-Conforming Legend? Not a Problem

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In federal contracting, the laws and regulations surrounding data rights and intellectual property (IP) rights can instill fear in many companies, especially small businesses. A misstep could have you assigning unlimited...more

Stinson - Government Contracting Matters

A Case for Protecting Data Rights – The Boeing Co. v. Secretary of the Air Force

The Government has many rules regarding the protection of data. Government contractors must understand these rules and the importance of timely and properly marking data that they own or develop in performance of a government...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

Wilson Sonsini Goodrich & Rosati

Interim Rule Introduces New Cybersecurity Assessment Requirements for Defense Contractors, Provides Initial Details on CMMC

On September 29, 2020, the Department of Defense (DoD) issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to create new assessment and certification requirements for DoD contractors....more

Morgan Lewis

Has COVID-19 Made You a Government Contractor? What You Need to Know About IP Rights

Morgan Lewis on

As the federal government seeks innovative solutions from a broader group of suppliers to respond to the coronavirus (COVID-19) pandemic, new or nontraditional contractors will want to familiarize themselves with the...more

McDermott Will & Emery

Tackling Increased Cybersecurity Requirements in the Defense Industrial Base

On January 30, the US Department of Defense (DoD) released version 1.0 of the Cybersecurity Maturity Model Certification (CMMC) framework, which will require DoD contractors and subcontractors to obtain third-party...more

Pillsbury Winthrop Shaw Pittman LLP

DoD Cyber Rules Will Affect All Government Contractors

The Department of Defense (DoD) is planning to release Volume 1.0 of the Cyber Maturity Model Certification (CMMC) framework, which will affect the award and continued performance of all DoD contracts. In response to the...more

PilieroMazza PLLC

Weekly Update Newsletter - October 2018 #2

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DEFENSE DEPARTMENT - Class Deviation-Commercial Items Omnibus Clause for Acquisitions Using the Standard Procurement System - According to an article on acq.osd.mil, this class deviation rescinds and supersedes Class...more

McCarter & English, LLP

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

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

PilieroMazza PLLC

Intellectual Property Issues for Government Contractors

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OVERVIEW - - Intellectual property - Types of intellectual property - Trademarks - Trade secrets - Copyrights - Patents - Data right ...more

McGuireWoods LLP

Intellectual Property in Government Contracts – Landmines Abound

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

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