Capabilities
Government Contracts

Intellectual Property (Patent/Data Rights)

Protecting intellectual property is a common concern for most businesses, but when contracting with the Federal government this interest takes on special significance. We regularly counsel clients regarding special rules and traps for the unwary contained in federal clauses, in order to develop practices and procedures, such as attention to marking and intellectual property audits, to protect valuable data and other rights when contracting with the government. We also assist clients seeking to license intellectual property rights in the context of government projects, such as to or from subcontractors and teammates. We work closely with our intellectual property group, which is equipped to handle any sort of infringement claim or challenge, as well as implement all of the traditional intellectual property protections involving patents, trademarks and copyrights. And, when our clients determine that the government is mistakenly seeking to release or exploit proprietary intellectual property, such as pursuant to the Freedom of Information Act, we represent them in actions to prevent wrongful release, or to secure compensation for wrongful use.

Experience

Aircraft manufacturer Data rights counseling
Counseled client regarding rights to technical data in a complex arrangement involving U.S. Government purchase of multiple, integrated system components from different suppliers.
Canadian aircraft engine manufacturer and parts supplier FOIA Litigation
Injunction action and subsequent litigation challenging a federal agency's proposed public release under FOIA of proprietary and competitively sensitive information included in a government contract.
Major aerospace defense contractor Freedom of Information Act (FOIA) litigation
Injunction action and subsequent litigation challenging a federal agency's proposed public release under the FOIA of proprietary and competitively sensitive information included in a government contract.
Major pharmaceutical company Negotiation of CRADAs and related patent license agreements
Negotiated CRADAs and related patent license agreements with NIH, a major research university and a multi-national pharmaceutical company regarding clinical trials and development of drugs.
Provider of manufacturing services & solutions Patent rights dispute
Represented client in patent rights dispute involving allocation of rights between a major research university and the US Navy.

Perspectives

Government Contracts Group Of The Year: Arnold & Porter

Law360

Watch Out For New Cybersecurity Rules, Defense Contractors

Law360

Case Study: Zoltek V. US

Intellectual Property Law360. Also ran in Government Contracts Law360 & Appellate Law360.

Inside Stanford v. Roche

Government Contracts Law360. Also ran in Intellectual Property Law360; Employment Law360; & Appellate Law360.

Overview

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