Government Contractor Infringement Claims

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Clear and precise recognition and treatment of intellectual property (IP) are critical in government contracting because the ownership and use of preexisting IP, so-called “Background IP,” turn on the timing of, and funding sources for, the development of the IP. Therefore, internal documentation and standardized procedures for tracking and marking IP are crucial in the event of a dispute regarding the development, use, or ownership of IP before, during, and after performance on a government contract.

Continue Reading Don’t Put Your Background IP into It: Protecting What’s Yours

Here’s another reminder of limitations that exist when there is a third party claim of infringement against a U.S. Government agency. In such a case, the patent owner must sue in the United States Court of Federal Claims and may recover only “reasonable and entire compensation” for the unauthorized use. See 28 U.S.C. Section 1498(a). No injunctive relief is afforded the plaintiff.  Within the context of that proceeding, the Government agency is free to seek a determination that the patent is invalid, and if the claimed invention does not meet one or more of the patentability requirements, the Government agency will have no liability.
Continue Reading The Supreme Court Limits Government Agencies’ Ability to Deflect Infringement Claims Through the PTO: A Preamble for Government Contractors