IP and Technology in Government Contracts: Procurement and Partnering at the Federal and State Level 2015 Edition

IP and Technology in Government Contracts: Procurement and Partnering at the Federal and State Level (2015 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 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. IP and Technology in Government Contracts 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 edition has been revised to address important changes in underlying statutes (including the America Invents Act), regulations (including important revisions to the FAR and DFARS), and major new judicial decisions (including the implications of the Supreme Court's first Bayh-Dole case, Stanford University v. Roche, and the latest Zoltek decisions). There is substantial new guidance on specially negotiated rights, including a draft model license with detailed explanations of how each clause is to be used, and detailed guidance on the alternative clauses in FAR, DFARS, and DEAR. Finally, the chapters on enforcement and state procurement have been substantially updated to reflect new laws and decisions.

Features

•   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, with dramatically expanded coverage of civilian agencies
•   Revised and updated analysis of IP and procurement laws in all 50 States and the District of Columbia.
•   Expanded coverage of administrative claims procedures.
•   New discussions of government out-licensing of IP and uses of open-source software
•   Expanded guidance and templates for negotiating specialized IP licenses

Reviews

"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