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DoD Advances Proposed Rule on Enhanced Debriefings

USA - May 24 2021 On May 20, 2021, the FAR Council issued a proposed Defense Federal Acquisition Regulation Supplement (DFARS) rule on post-award debriefings that…

Anuj Vohra, Christian N. Curran, Jonathan M. Baker, Rina M. Gashaw.

Stopped in its Tracks: The Government’s Failure to Track Software Use Constitutes Infringement Under 28 U.S.C. § 1498

USA - March 9 2021 In Bitmanagement Software GmbH v. United States, the Federal Circuit vacated and remanded a decision by the Court of Federal Claims (COFC) that found…

Abigail (Abi) Stokes, Jonathan M. Baker, Nicole Owren-Wiest.

Deep Sixed: Federal Circuit Boots Trademark Licensee for Meritless Claims Against U.S. Army

USA - March 8 2021 On March 4, 2021, the Federal Circuit spoke pointedly on its view of contract interpretation and contract obligations in the context of trademark…

Anne Elise Herold Li, Carissa Wilson, Jonathan M. Baker, Nicole Owren-Wiest, Preetha Chakrabarti.

Defense Production Act (DPA) a Critical Component of Biden Strategy for COVID-19

USA - January 22 2021 The Biden administration has identified the Defense Production Act (DPA) as a key part of its new “National Strategy for the COVID-19 Response and…

Eric Ransom, Alan W. H. Gourley, Gail D. Zirkelbach, J. Chris Haile, Jonathan M. Baker, Peter J. Eyre, Stephanie L. Crawford.

Contractors May Include Third-Party Restrictive Markings on Unlimited Rights Data

USA - December 23 2020 On December 21, 2020, the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) held that contractors may include restrictive markings on…

Christopher D. Garcia, Jonathan M. Baker, M. Yuan Zhou, Nicole Owren-Wiest.