Intellectual Property in Government Contracts: Negotiating, Preserving and Enforcing IP Rights
Recording of a 90-minute premium CLE webinar with Q&A
This CLE course will guide counsel in preserving and protecting clients' intellectual property rights in government contracting. The panel will review best practices for counsel for negotiating the contract and will address potential government misuse of the IP and remedies.
Outline
- How the government acquires IP rights and the role of government contracts
- Negotiating IP rights in government contracts
- Practical strategies for preserving IP rights when contracting with the government
- Copyright
- Trade secrets
- Patents
- Recent case law decisions
- Appeals of the Boeing Co. (ASBCA, Nov. 28, 2018)
- Appeals of the Boeing Co. (ASBCA, July 17, 2018)
- Sikorsky Aircraft Corp. (GAO, May 22, 2018)
- Government misuse and potential remedies
Benefits
The panel will review these and other essential questions:
- What are the top considerations for IP counsel involved in negotiating government contracts?
- What are the key strategies to protect patents, copyrights, and other IP in government contract work?
- What remedies are available to private companies operating under a government contract if the government misuses their IP?
Faculty
David S. Bloch
Shareholder
Greenberg Traurig
Mr. Bloch is an intellectual property litigator focused on helping clients understand the complex technical and legal... | Read More
Mr. Bloch is an intellectual property litigator focused on helping clients understand the complex technical and legal issues that their businesses face. He litigates patent infringement, trademark, and trade secrets cases for clients in the financial services, technology (networking), healthcare, and pharmaceutical industries. A prolific writer, Mr. Bloch is the author of IP and Technology in Government Contracts (now in its fifth edition) and many articles on IP-related issues.
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Brian Lally
Assistant General Counsel for Technology Transfer and Intellectual Property
U.S. Department of Energy
Mr. Lally has spent the better part of two decades working in the intellectual property area. As the Chief IP Attorney... | Read More
Mr. Lally has spent the better part of two decades working in the intellectual property area. As the Chief IP Attorney for DOE, he leads a team of legal professionals across the DOE complex that provide counsel for a wide range of legal issues, ensure robust protection, management, safeguarding and enforcement of IP emanating from the Department’s $10B plus R&D budget, and develop strategies that maximize the impact of federally funded IP. Prior to becoming Assistant General Counsel, Mr. Lally spent 15 years in DOE’ Chicago Office in variety of legal roles, most recently as Deputy Chief Counsel for that office. In his current position, Mr. Lally is responsible for providing Department-level leadership and policy direction on all aspects of IP law, ensuring IP management of DOE funded IP, and representing DOE in IP related hearings and disputes. In 2017, he successfully represented DOE in a landmark case at the International Trade Commission in support of Argonne National Laboratory’s (ANL) and BASF's (a licensee of ANL's lithium-ion battery technology) Section 337 action against Umicore that ultimately resulted in the ITC’s decision to issue a final exclusion order prohibiting importation of infringing lithium-ion battery materials into the U.S. This was an important victory for ANL, federally funded IP, DOE’s tech transfer mission and domestic manufacturing commitments made by licensees of DOE technologies.
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Paul F. McQuade
Shareholder
Greenberg Traurig
Mr. McQuade focuses his practice on intellectual property law and government contracts, counseling both commercial and... | Read More
Mr. McQuade focuses his practice on intellectual property law and government contracts, counseling both commercial and federal sector clients on improving their competitive position through technology development, IP licensing, and patent procurement. He conducts due diligence in acquisitions and prepares and negotiates licensing, research and development, joint development and collaborative agreements between private parties and with government agencies. Mr. McQuade has litigated patent infringement and trade secret cases in a number of jurisdictions and has lectured and appeared in articles concerning intellectual property enforcement, data rights and software licensing.
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