IP and Technology in Government Contracts: Procurement and Partnering at the Federal and State Level
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IP and Technology in Government Contracts: Procurement and Partnering at the Federal and State Level, 2019 Edition by James G. McEwen, David S. Bloch, Richard M. Gray, and John T. Lucas. State and national governments often meet their technologically-intensive needs and to stimulate technology development by entering into contracts and financing deals with private companies. These contracts, and the complex rules that accompany them, have complex rules driven by policy and needs that present unique risks relative to commercial deals, which can elevate the risk of unintentional intellectual property loss for private-sector contractors who do not recognize and mitigate these risks. IP and Technology in Government Contracts provides a comprehensive appraisal of United States federal procurement laws, regulations and policies relating to intellectual property, plus a detailed survey of state procurement rules and a comparison of the approaches adopted by the European Union and other industrialized countries. It provides strategic guidance for the protection of IP in government contracts, and the various ways to enforce IP rights in the event of government violation. Written by knowledgeable and highly-experienced professionals in the field, this book offers detailed advice and commentary concerning strategies, opportunities, and traps for the unwary. This book assists attorneys on both sides of the equation to approach government deals with the dual objectives to maximize the tremendous upside potential while protecting IP rights.
• Multifaceted investigation of U.S. federal and state level IP procurement practices, providing valuable advice to attorneys on both sides of intellectual property litigation in government contracts
• Provides practical guidance to avoid pitfalls of government IP contracting, and remedies for government misuse of IP rights
• Written by four prominent intellectual property specialists whose combined experience spans the private and government sectors
• Comprehensively updated, rewritten, and revised to reflect new developments in federal intellectual property and procurement law over the last 3 years
• Revised and updated analysis of IP and procurement laws in all 50 States and the District of Columbia.
• New discussions of trade secret remedies, including those implicated by the Defend Trade Secrets Act as well as those already available, and changes to the regulations and clauses implementing the Bayh-Dole Act
• Discussions on new trends within the Department of Defense, including initiatives for acquiring data packages under IP Strategies, expanded preferences for Specifically Negotiated Licenses, Modular Open System Approaches, as well as OMIT data.
• New discussions on contractor obligations and opportunities to participate in patent claims under 28 U.S.C. § 1498, and Government use of inter partes review at the PTAB
"McEwen, Bloch and Gray have compiled a detailed, comprehensive, and path-breaking guide to the complex landscape at the intersection of government procurement and intellectual property. It is destined to become an essential navigation aide to all who work in this important area."
--Robert Brauneis, Associate Professor of Law & Co-Director of the IP Law Program, The George Washington University Law School
"This work will prove a valuable resource to attorneys practicing in the field of government procurement of intellectual property for a very long time to come."
--Danielle Conway-Jones, Professor of Law & Director, University of Hawaii Procurement Institute, William S. Richardson School of Law, USA and Chair-in-Law, La Trobe University Faculty of Law & Management, Australia
"This book provides a wealth of information. With a healthy dose of strategy and practical advice, McEwen, Bloch and Gray present the 'nuts and bolts' of how intellectual property rights are addressed in all major forms of government contracts, and explain how private and governmental parties might vary the standard forms to suit their specific purposes."
--Dean A. Manson, Senior Vice President, General Counsel & Secretary Hughes Communications, Inc.
"Intellectual Property in Government Contracts has been an invaluable resource for me. The writing is clear and concise. The fifty-state survey is a huge time saver and makes often unintelligible state statutes easy to understand. I heartily recommend the book for anyone doing business with the government."
--Jonathan Kaplan, Vice President, Legal Affairs, Coulomb Technologies, Inc.
Table of Contents
CHAPTER 1 Introduction to Government Contracts and Intellectual Property
CHAPTER 2 Federal Procurement Practices
CHAPTER 3 Federal Nonprocurement Transactions
CHAPTER 4 Enforcement of Intellectual Property Rights in Federal Contracts
CHAPTER 5 State Procurement Practices