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Intellectual Property in Government Contracts: Negotiating, Preserving and Enforcing IP Rights

Recording of a 90-minute premium CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
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Conducted on Wednesday, December 18, 2019

Recorded event now available

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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.


Businesses negotiating and working under federal government contracts are subject to complex rules and regulations. When intellectual property rights are involved, complexities quickly escalate. Regulatory compliance can be the difference between maximizing or losing value in intellectual property.

The rights afforded by the type of IP vary based on the contract with the government. One risk of contracting with the government is the potential loss or dilution of a company's IP rights. Company counsel must carefully negotiate with the government to protect the business' IP rights.

A company's government contract counsel and IP counsel must work together to analyze the impact of contract terms on IP rights--and to understand the variety of ways that government contracts differ from the commercial context.

Listen as our authoritative panel guides counsel on protecting IP rights in government contracting. The panel will discuss how the government may acquire IP rights and will address potential government misuse of the IP and remedies. The group will offer practical strategies for preserving copyrights, trade secrets, patents, and other IP rights when contracting with the government.



  1. How the government acquires IP rights and the role of government contracts
  2. Negotiating IP rights in government contracts
  3. Practical strategies for preserving IP rights when contracting with the government
    1. Copyright
    2. Trade secrets
    3. Patents
  4. Recent case law decisions
    1. Appeals of the Boeing Co. (ASBCA, Nov. 28, 2018)
    2. Appeals of the Boeing Co. (ASBCA, July 17, 2018)
    3. Sikorsky Aircraft Corp. (GAO, May 22, 2018)
  5. Government misuse and potential remedies


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?


Bloch, David
David S. Bloch

Greenberg Traurig

Mr. Bloch is an intellectual property litigator focused on helping clients understand the complex technical and legal...  |  Read More

Lally, Brian
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

McQuade, Paul
Paul F. McQuade

Greenberg Traurig

Mr. McQuade focuses his practice on intellectual property law and government contracts, counseling both commercial and...  |  Read More

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