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Venable LLP

Recent Federal Circuit Decision Clarifies Blue & Gold Waiver Rule

Venable LLP on

Protesters and other litigants before the U.S. Court of Federal Claims have long encountered the complexities of jurisdiction under the Tucker Act. The Tucker Act, 28 U.S.C. § 1491, is the statute granting jurisdiction to the...more

Spilman Thomas & Battle, PLLC

Decoded: Technology Law Insights, Volume 2, Issue 21

Nature of Patents and Patent Rights - When a patent is issued under the seal of the United States Patent and Trademark Office, it is signed by the Director of the USPTO or an Office official. The patent contains a grant...more

Goodwin

Changes To March-In Rights Under Bayh-Dole And More?

Goodwin on

Since its enactment in 1980, the Bayh-Dole Act has been credited with promoting the development of over 10,000 startup companies and at least 200 pharmaceutical drugs and vaccines, while contributing more than $500 billion...more

Miles & Stockbridge P.C.

Recent USPTO Announcements on Patent Entity Status and Trademark Fees

Miles & Stockbridge P.C. on

Small Entity Government Use License Exception (Effective date: January 20, 2021) - The United States Patent and Trademark Office (USPTO) is amending the rules of practice in patent cases to clarify and expand exceptions...more

Miller Canfield

COVID-19: "Good Samaritan" Patent Infringement Liability

Miller Canfield on

The COVID-19 pandemic has led many companies to marshal their resources to produce products such as coronavirus test kits, pharmaceutical treatments, vaccines, ventilators, and personal protective equipment. The urgent need...more

Pillsbury - Internet & Social Media Law Blog

Keep an Eye on the Bayh-Dole Act in Regard to COVID-19-Relevant Patents

While companies in every industry are working hard to figure out the best response to this global pandemic, those in the pharmaceutical and medical device industries have been faced with some unique challenges related to the...more

Fox Rothschild LLP

Does The Defense Production Act Shield Manufacturers From Patent Infringement Risk?

Fox Rothschild LLP on

An Executive Order from President Trump that referred to the Defense Production Act has some manufacturers asking: are we now shielded from patent infringement liability if we produce otherwise-patented protective equipment...more

McCarter & English Blog: Government Contracts...

iEdison’s 2020 New Year’s Resolution – Improvement! Time To Submit Your Comments

The Interagency Edison (“iEdison”) system is the principal mechanism for preserving rights to title in Government-funded inventions. Its use is now mandatory per 37 CFR 401.16, and we expect FAR 52.227-11, Patent Rights –...more

Benesch

3D Printing Quarterly Report - Q4 2019

Benesch on

Rösler expands AM Solutions division to offer 3D printing services - AM Solutions, the Italian 3D printing subsidiary of the Rösler Group, a German company specializing in surface finishing solutions, will expand to offer a...more

Fenwick & West LLP

Avoiding Loss of Title to Inventions Made Under Federal Funding as New Bayh-Dole Requirements Affect Patent Rights

Fenwick & West LLP on

Federal grants are an important source of funding for many businesses and research institutions. The Bayh-Dole framework provides contractors the ability to retain title to an invention developed using federal funding, but...more

PilieroMazza PLLC

Weekly Update Newsletter - October 2018 #2

PilieroMazza PLLC on

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

Akin Gump Strauss Hauer & Feld LLP

False Claims Act Suit Dismissed Based on Granston Memo Considerations

• DOJ is implementing the Granston memo policy in seeking dismissal of FCA qui tam actions when it is in the government’s interest, particularly when protecting its resources, discretion and litigation priorities. • DOJ...more

Holland & Knight LLP

Granston Memo in Action: DOJ Successfully Exercises Authority to Dismiss Meritless Qui Tam

Holland & Knight LLP on

A recent dismissal of a qui tam action demonstrates there exists an affirmative approach for disposing of wasteful and meritless non-intervened qui tam claims without the time and expense of protracted litigation with...more

Sunstein LLP

August 2018 IP Update - Revisions to Bayh-Dole Act Regulations Governing Rights to Federally Funded Inventions

Sunstein LLP on

Rules affecting recipients of federal research and development funding have recently been revised, adding new deadlines and obligations. Changes to the regulations implementing the Bayh-Dole Act went into effect on May 14,...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Updated Bayh-Dole Regulations Increase Certain Risks of Losing Title to Federally Funded Inventions

Businesses and nonprofits that receive funding under a federal government agreement (e.g., contract, cooperative agreement, or grant) executed after May 14, 2018, are subject to the updated regulatory provisions that...more

McCarter & English Blog: Government Contracts...

Contractors And Grantees Beware! Safe Harbors Removed In Preserving Patent Ownership Rights Under Bayh-Dole

Buried in a grab bag of seemingly innocuous course-correcting changes to the Bayh-Dole Act regulations (effective May 14 of this year) is the removal by regulators of the sixty-day window between the federal agency’s notice...more

Knobbe Martens

Bayh-Dole Act Revisions

Knobbe Martens on

On May 14, 2018, several important revisions to regulations of the Bayh-Dole Act (University and Small Business Patent Procedure Act of 1980, codified as 35 U.S.C. § 200) went into effect. The final revisions were published...more

Foley & Lardner LLP

Patent Related Changes To Bayh-Dole Act Regulations

Foley & Lardner LLP on

Several important changes to Bayh-Dole Act implementing regulations took effect on May 14, 2018, that will apply to funding agreements executed after that date and may apply to existing funding agreements modified after that...more

Morrison & Foerster LLP - Government...

Bayh-Dole Regulatory Update Offers Clarifications to Federal Grantees and Contractors But Also Raises Specter of Government...

Effective May 1, 2018, newly issued federal government contracts, grants, and cooperative agreements will be subject to revised regulations implementing the Bayh-Dole Act, the federal statute governing title and license...more

Fox Rothschild LLP

Government Contractors: Federally Funded Inventions Subject To New Disclosure Requirements And Deadlines

Fox Rothschild LLP on

The Patent and Trademark Law Amendments Act, better known as the Bayh-Dole Act, and the federal regulations implementing the Act permit government contractors to retain ownership of inventions developed with federal funding....more

Kilpatrick

NIST Revises Intellectual Property Rights Offered to Federally Funded Inventions and Licensing of Government Owned Inventions

Kilpatrick on

Patent Intellectual Property (collectively, “IP”) rights represent a significant element of many government contracts, including those for research and development, whether by commercial, non-profit or educational...more

Snell & Wilmer

Amendments to Rights of Federally Funded Inventions and Government Owned Inventions

Snell & Wilmer on

On April 13, 2018, a final rule was published in the Federal Register adopting proposed rule changes from the National Institute of Standards and Technology (“NIST”)....more

Kilpatrick

5 Key Takeaways: Protecting Your IP When Government Contracts Are Involved

Kilpatrick on

Larry Prosen and Gunjan Talati, partners in Kilpatrick Townsend’s Government Contracts and Construction & Infrastructure Group, recently presented on an issue of growing importance -- “Protecting Your IP When Government...more

Orrick, Herrington & Sutcliffe LLP

The World in US Courts: Orrick's Quarterly Review of Decisions Applying US Law to Global Business and Cross-Border Activities

Alien Tort Statute (ATS)/Political Question Doctrine/Foreign Sovereign Immunity Act (FSIA)/ Act of State Doctrine - District Court Dismisses ATS Claim Where Alleged Conduct in US was not Directly Linked to Injuries...more

McDermott Will & Emery

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

McDermott Will & Emery on

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

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