Category Archives: Intellectual Property

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Industry Struggles With Ever Changing Acquisition Rules

Note: This post was originally published in the October 2017 issue of the National Defense Industrial Association’s National Defense magazine. Recent studies show that the percentage of overall research and development spending sponsored by the government has dropped sharply over the last 50 years. Whereas government funding accounted for 67 percent of R&D in 1964, … 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

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

Final Rule for IR&D Reports Fails to Address Most Serious Questions

By David S. Gallacher and Kerry O’Neill Last April, we wrote about proposed changes to Department of Defense ("DoD") reporting requirements for independent research and development ("IR&D"), raising concerns about how the proposed change would tie recoverability of IR&D costs to new reporting and disclosure requirements. Recently, Defense Federal Acquisition Regulation Supplement ("DFARS") 231.205-18(c) was … Continue Reading

The Times They Are A Changin’ – Independent Research and Development May Not Be So “Independent” Any More

By David S. Gallacher Those familiar with Government contracting know at least a little bit about the elusive and fickle regulatory requirements for Independent Research and Development (“IR&D” or “IRAD”) costs. IR&D is a means by which the U.S. Government supports a Contractor’s independent R&D efforts. By reimbursing a Contractor’s independent R&D costs, the Government long has … 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
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