Intellectual Property in Government Contracts: Protecting and Enforcing IP at the State and Federal Level

Intellectual Property in Government Contracts: Protecting and Enforcing IP at the State and Federal Level


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Intellectual Property in Government Contracts: Protecting and Enforcing IP at the State and Federal Level by James G. McEwen, David S. Bloch, Richard M. Gray, John T. Lucas

State and national governments often meet their technologically-intensive needs by entering into contracts and financing deals with private companies. These contracts, and the complex rules that accompany them, have elevated the risk of intellectual property loss for private-sector contractors. Intellectual Property in Government Contracts, Second Edition provides a comprehensive appraisal of United States federal procurement laws 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. This Second Edition has been comprehensively updated, rewritten, and revised to reflect new developments in federal intellectual property and procurement law over the last 3 years. It includes considerably expanded coverage of civilian agencies.

Product Details

ISBN-13: 9780199751112
Publisher: Oxford University Press, USA
Publication date: 06/05/2012
Pages: 728
Product dimensions: 5.80(w) x 9.10(h) x 1.60(d)

About the Author

James G. McEwen, a founding partner of Stein McEwen & Bui, has prepared and prosecuted patent applications in computer hardware and software, control systems, mechanical and optical devices, semiconductor manufacturing, batteries, and display device technologies. In addition, Mr. McEwen has prepared and been involved in patent validity and infringement opinions, reissue and reexamination proceedings, intellectual property licensing and settlement negotiations, intellectual property licensing with elements of the Federal government, trademark prosecution, domain name disputes, trade secret protection, and provided litigation support in patent infringement claims.

David S. Bloch is a partner with the law firm of Winston & Strawn, LLP., San Francisco office. He focuses his practice on complex intellectual property disputes, as well as the intersections of antitrust, government contracts, and intellectual property law. Mr. Bloch is a graduate of Reed College (B.A.) and The George Washington University (M.P.H., J.D. with honors), and he served as a Fellow in International Trade Law at the University Institute of European Studies in Turin, Italy, in 1997.

Richard M. Gray is Associate General Counsel in the Office of the Deputy General Counsel for Acquisition & Logistics, Department of Defense. His primary duties include advising the Assistant Secretary of Defense for Networks and Information Integration / DoD Chief Information Officer, and the Under Secretary of Defense for Acquisition, Technology, and Logistics, on cyberspace and information law, intellectual property, information and technology acquisitions, and technology transfer. He chairs the Defense Acquisition Regulations Council's Patents, Data, and Copyright Committee, and serves as a subject matter specialist for the Federal Acquisition Regulations Law Team. Mr. Gray's contributions to this work are made in his personal capacity, not in connection with his official duties at the Department of Defense.

John T. Lucas is the Assistant General Counsel for Technology Transfer and Intellectual Property for the U.S. Department of Energy (DOE) in Washington, D.C. He is responsible for conducting the DOE's intellectual property and technology transfer programs and formulating DOE policy in those areas. Throughout his career at DOE, he has counseled program clients on issues concerning patent, trademark, and copyright law, as well as licensing, litigation, and technology transfer. Before joining DOE in 1994, Mr. Lucas was in private practice in Chicago, IL. Mr. Lucas holds a B.S. in Chemical Engineering from the University of Virginia, a J.D. from George Mason University School of Law, and a LL.M. in Intellectual Property with honors from the John Marshall Law School in Chicago. He is a member of the Illinois and District of Columbia Bars, and he is admitted to practice before the U.S. Court of Appeals for the Federal Circuit and the Supreme Court. He has served as President of the Government Intellectual Property Law Association and has chaired the Interagency Working Group on Alternate Dispute Resolution and Intellectual Property. Mr. Lucas' contributions to this work are made in his personal capacity, not in connection with his official duties at DOE.

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Richmond-Chambers More than 1 year ago
Fundamentally, it’s innovation which keeps markets and economies moving. Britain and America, especially America are the prime examples of that! As the four expert authors of this insightful book, now in a second edition, point out: ‘cutting edge technology is a driving force behind America’s sustained economic growth;’ despite cyclical or systemic fluctuations in that nation’s economic health, we would venture to add. Enter the almost symbiotic relationship between the public and private sectors in the United States discussed in detail in this book on intellectual property rights. From 2006, for example, the US Government was and no doubt still is ‘the world’s largest consumer of goods and services; the aggregate spending of the 50 States not far behind.’ If one could simplify this ongoing private-public sector relationship, it would be to point out that the US Government has a continuing need for the research, the technologies and the products and services initiated and produced by the private sector. The authors cite the DoD (Department of Defense), the Department of Energy (DoE) and NASA as examples of research-intensive government agencies which in their words, ‘have started to rely on the private sector to provide the latest and greatest available technologies.’ All this of course impacts on procurement process in general and on government contracts in particular. The book, therefore, as the publishers have put it, has embarked on ‘a comprehensive appraisal of the intellectual property implications of state and federal procurement programs in the United States’ Now in a new second edition from OUP, the book provides a wealth of updated examination and analysis of the rules and strategies for handling government use of private sector IP rights – and sometimes their misuse. New developments that have emerged over the last three years (since the first edition was published) are included. Yes, the book is American, but the issues and problems it raises in the arena of protecting and enforcing clients’ intellectual property rights are applicable globally, particularly to mixed economies like that of the UK. More or less half the book concentrates on issues relating to federal procurement practices and the like. The latter half, in a lengthy and final chapter, deals individually with each on the 50 states in turn, from Alabama and Alaska to Virginia, Washington and the District of Columbia, covering such areas as intellectual property laws, procurement laws, technology transfer and sovereign immunity waivers. With some 20 pages of cases and a detailed index at the back, this copiously footnoted work of scholarship should be required reading for American IP lawyers, not to mention UK practitioners. And it is for all advisers requiring not only solid information and informed commentary, but a transatlantic perspective on those intellectual property issues which straddle the public and private sectors. The publication date is cited as at 2012.