Related Practices
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Covering a wide range of technologies and agencies that span the government, our lawyers strategize and negotiate agreements where intellectual property rights are central to the transaction. We have negotiated with instrumentalities ranging from military commands to the National Institutes of Health. Covington lawyers are expert in securing and protecting 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
- cooperative research and development agreements (“CRADAs”)
We have guided clients in preparing and conducting these negotiations in the face of Federal Acquisition Regulation 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.
Covington lawyers regularly represent clients in government contract appeals, and routinely work with government contract officers and agencies to resolve disputes before appeals are necessary.
Representative Matters
- Renegotiation of National Institutes of Health agreements concerning intellectual property rights arising out of the development, manufacture and use of experimental vaccine supplies for international clinical trials. With an associate taking a leading role, we 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 and negotiation with U.S. Army Research Laboratory of a cooperative agreement involving materials research, as well as advice and negotiation with universities of research subcontracts.
- Advice to a major research pharmaceutical company concerning a response to bioterror countermeasures RFP, and negotiations with Department of Health and Human Services 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 National Institutes of Health, Oxford University and Cambridge University.
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