Category Archives: Data Rights

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OH SNAP! Supreme Court Rejects Substantial Competitive Harm Test For Key FOIA Exemption

On June 24, 2019, the Supreme Court ruled that Exemption 4 of the Freedom of Information Act (“FOIA”), which protects from public disclosure “trade secrets and commercial or financial information obtained from a person [that is] privileged or confidential,” does not require a showing of substantial competitive harm for information to qualify as “confidential.” The … Continue Reading

Data Rights Redux – 10 Ways to Preserve Your IP

About a year ago, we published a list of the more common ways in which contractor’s compromise their ability to protect their intellectual property from the ever-extended grasp of Uncle Sam.  Somewhat tongue in cheek, that posting described what to do if you want to lose your IP.  Because this issue is always topical, we … Continue Reading

Creating Intellectual Property is Hard; Losing It to Uncle Sam is Easy

Companies invest vast resources in the development of intellectual property with the legitimate expectation that they will be the principal, if not exclusive, beneficiaries of their intellectual endeavors. Protecting technical data and computer software when dealing with the U.S. Government is not impossible, but to do so you must complete a fairly complicated obstacle course … Continue Reading

What Does 2013 Have In Store for Government Contractors and Their Lawyers?

By Louis Victorino and Jonathan Aronie (originally published in the San Diego Business Journal) It has been noted, the more things change, the more they stay the same. In the world of Government Contracts Law, however, the more things change, the more the phone rings. And while we’re only a few weeks into 2013, the … Continue Reading

In the Tradition of Gilda Radner, the Court of Appeals for the Federal Circuit Proclaims “Never Mind” in Zoltek II

By Louis D. Victorino The United States Court of Appeals for the Federal Circuit (CAFC) recently issued a so-called en banc (all judges of the court) decision with great importance to Federal Government contractors. In Zoltek Corp. v. United States, Fed. Cir., No. 2009-5135, March 14, 2012 ("Zoltek II"), the Court redefined the scope of … Continue Reading

Frankenstein’s Monster: Data Rights Changes Adopted In The National Defense Authorization Act For Fiscal Year 2011

By Louis D. Victorino A great deal of discussion has transpired regarding recent legislation that reportedly could alter significantly the established “follow-the-funds” test used for the allocation of intellectual property rights in data developed under a government contract. The legislation involved is a provision of the National Defense Authorization Act for Fiscal Year 2011 (the “Act”), signed … Continue Reading

Use of Government Personnel, Uniforms and Insignia in Promotional or Advertising Materials

The Department of Homeland Security recently updated its website to identify agency intellectual property that should not be used without prior authorization from the agency. The website identifies a long list of agency related trademarks including those applicable to well known agency programs.  Whether all of the claimed trademarks would prove enforceable if challenged remains to be … Continue Reading

A Brief Guide to Alternative Contracting Arrangements for R&D

The United States has long been the world’s principal purchaser of (a) research and development services, (b) the products generated by the R&D, and (c) the intellectual property relating to that R&D.  Historically, Government-funded R&D has evoked images of an omnipresent, overly intrusive, audit-fixated purchaser bent on levying a host of required terms and conditions … Continue Reading
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