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Our lawyers have a wealth of experience strategizing about and negotiating agreements where intellectual property rights under government contracts are central to the transaction. We have negotiated with agencies ranging from military commands to the National Institutes of Health, on behalf of large and small business clients, in transactions involving a variety of technologies. Covington lawyers help clients secure, and protect and exercise patent and other intellectual property rights in these special contexts, where government agencies and contractors are subject to unique rules and requirements. Our experience encompasses:
- purchase, sales and supply agreements;
- software copyright and patent licensing agreements;
- technology research and development agreements; and,
- cooperative research and development agreements (“CRADAs”)
We have guided clients in preparing and conducting these negotiations in the face of Federal Acquisition Regulation ("FAR") clauses and other government research programs giving the Government ownership, license and march-in rights at the prime and subcontract levels. We have advised clients on monitoring and assuring compliance with reporting and other contract requirements pertaining to development, ownership, licensing and use of intellectual property.
Representative Matters
- Renegotiation of NIH agreements concerning intellectual property rights arising out of the development, manufacture and use of experimental vaccine supplies for international clinical trials. This project combined our expertise in intellectual property, government contracts and life sciences to assure both adequate incentives for development and timely delivery of vaccine supplies.
- Advice to a biomedical research company seeking to license federally-owned technology from the USDA.
- Negotiation with U.S. Army Research Laboratory of a cooperative agreement involving materials research, as well as advice on negotiation of research subcontracts with universities.
- Advice to a major research pharmaceutical company concerning a response to bioterror countermeasures RFP, and negotiations with HHS concerning waiver or modification of data rights provisions under the FAR.
- Advice to the Institute for Biomedical Research concerning ownership of intellectual property arising out of research and collaboration involving post-doctoral scholars studying at the NIH, Oxford University and Cambridge University.
- Advice to major pharmaceutical and energy companies concerning Cooperative Research and Development Agreements involving technology transfer at national laboratories.
- Advice to a private equity group concerning the extent of government rights in inventions produced a by proposed public/private research consortium under a Partnership Intermediary Agreement.
- Advice to a variety of government contractors dealing with various agencies concerning government exercise of statutory and contract march-in rights.
- Recommendations to help assure that government contractors are not subject to the extreme sanction of loss of intellectual property rights due to non-compliance with government contract requirements.
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