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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Trademark and Copyright

Date & Time
  • event Date

    Wednesday, December 18, 2019

  • schedule Time

    1:00 PM E.T.

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.


  • Live Online


    On Demand

$347.00

This course is $0 with these passes:

CLE
ALL

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.

Faculty

David S. Bloch
Shareholder
Greenberg Traurig LLP

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
US Department of Energy
Paul F. McQuade
Shareholder
Greenberg Traurig LLP

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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Description

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.

Outline

  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

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?