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Intellectual Property Protection DFARS Department of Defense (DOD)

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

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

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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

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

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

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

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