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Intellectual Property and Data Rights

Overview

To maintain a competitive advantage, companies must rigorously protect rights in their advanced technology and computer software. This is particularly true for any company that does business at the prime contract, subcontract, or grant level with the federal government because the government obtains broad rights when intellectual property is developed, conceived, or reduced to practice with its money. We are one of the few firms with lawyers that focus on this field — lawyers who have literally written the book on contractors' rights in computer software and technical data.

We counsel

We advise companies on how they can maximize their commercial rights in software, technical data, and patentable inventions. We do this in three ways:

  • We train contract and finance personnel on how to identify and preserve intellectual rights
  • We design procedures to track development and reduction to practice so that companies can restrict the government's rights in data and software, and retain title to inventions
  • We prepare and review intellectual property and software license agreements, proprietary information, non-disclosure and confidentiality agreements, teaming and joint venture agreements, Cooperative Research and Development Agreements (CRADA), grant agreements, and "other transactions" to assure that intellectual property rights are perfected and protected

We litigate

We also represent companies when they enforce or protect their intellectual property rights. This involves litigating challenges by the government to restrictions on software and technical data and patent infringement by the government or its contractors under 28 USC. 1498, as well as pursuing injunctive relief against companies that misappropriate trade secrets.

Contacts

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Insights

Client Alert | 2 min read | 06.27.24

The FTC Strikes Out: Drug Manufacturers Refuse to Play Ball and Delist Orange Book Patents in Response to FTC Warning Letters

As reported in earlier Client Alerts, on November 7, 2023, the Federal Trade Commission challenged 100 patents as improperly listed in the Food and Drug Administration’s “Approved Drug Products with Therapeutic Equivalence Evaluations” publication, commonly known as the Orange Book. The FTC sent warning letters to ten drug and medical device manufacturers identifying patents for inhalers, autoinjectors and anti-inflammatory multi-dose bottles that the FTC believes are improperly listed. In response, some manufacturers withdrew their patents, and others agreed to cap certain out-of-pocket costs for their drugs, resulting in a “victory lap” of media activity from the FTC in April....

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Insights

Client Alert | 2 min read | 06.27.24

The FTC Strikes Out: Drug Manufacturers Refuse to Play Ball and Delist Orange Book Patents in Response to FTC Warning Letters

Firm News | 9 min read | 06.06.24

Crowell Attains Leading Rankings in Chambers USA 2024

Event | 05.09.23 - 05.10.23

39th Annual Ounce of Prevention Seminar—Government Contracting Amidst a Global Shake-Up

Webinar | 03.15.23

Doing Business in/with the US: Your Pathway to Success
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Professionals

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Insights

Client Alert | 2 min read | 06.27.24

The FTC Strikes Out: Drug Manufacturers Refuse to Play Ball and Delist Orange Book Patents in Response to FTC Warning Letters

As reported in earlier Client Alerts, on November 7, 2023, the Federal Trade Commission challenged 100 patents as improperly listed in the Food and Drug Administration’s “Approved Drug Products with Therapeutic Equivalence Evaluations” publication, commonly known as the Orange Book. The FTC sent warning letters to ten drug and medical device manufacturers identifying patents for inhalers, autoinjectors and anti-inflammatory multi-dose bottles that the FTC believes are improperly listed. In response, some manufacturers withdrew their patents, and others agreed to cap certain out-of-pocket costs for their drugs, resulting in a “victory lap” of media activity from the FTC in April....

View All Insights