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On March 21, 2019, the Department of Defense (DoD) Defense Innovation Board (“DIB”) released a report, Software is Never Done: Refactoring the Acquisition Code for Competitive Advantage (“the Report”), summarizing DIB’s Software Acquisition and Practices (SWAP) study, which was mandated by the National Defense Authorization Act of Fiscal Year (FY) 2018. The two-year study involved conversations with Congress, the DoD, federally-funded research and development centers, contractors, and the public focused on ways in which DoD…
On June 27, 2018, in Appeal of CiyaSoft Corporation, the Armed Services Board of Contract Appeals held that the Government can be bound by terms of a commercial software license agreement that the contracting officer (CO) has neither negotiated nor seen.  CiyaSoft Corporation (CiyaSoft) submitted a claim asserting that the Army had breached its contract to purchase computer software by using more copies of the software than were permitted by the contract.  The Army…
On March 22, 2018, the Department of Defense (DoD), Office of the Under Secretary of Defense issued a Class Deviation letter to the heads of all Department of Defense agencies requiring, effective immediately, that every DoD agency ensure that its contracting officers implement the recommendations for enhanced post-award debriefings set forth in Section 818 of the 2018 National Defense Authorization Act (NDAA). The direction makes clear that DoD agencies are to provide unsuccessful offerors who…
Earlier this month, a federal judge ruled that a copycat trade secrets theft claim could not be re-litigated in federal court, having already been dismissed in a state court action. That decision came out of a complex dispute between a stem cell company and its prior President and CEO. After former CEO Alan Smith left Cognate Bioservices Inc. in 2010, he sued Cognate for wage violations in Maryland state court. Cognate then counterclaimed for misappropriation…
On Monday November 30, the House demonstrated its resolve to fight high-tech crime such as trade secret theft by passing the Strengthening State and Local Cyber Crime Fighting Act (H.R. 3490). The Act formally establishes the National Computer Forensics Institute, which is located in Hoover, Alabama and has been operating since 2008. Under the Act, the Institute will: Educate law enforcement officers, prosecutors, and judges on (i) cyber and electronic crimes; (ii)…
Last week, ProLogic, Inc. (ProLogic) voluntarily dismissed — without a settlement — the last of the claims remaining in its lawsuit against Aquarian Systems, Inc. (Aquarian) and two former employees who became employees of Aquarian. A team of Crowell & Moring lawyers successfully represented Aquarian and, after the claims against Aquarian were dismissed by ProLogic in May, the individual defendants. What began as a complaint seeking $25 million in damages for alleged trade secret misappropriation, tortious interference,…
In a move designed to attract commercial technology companies into DoD contracting, the Pentagon has announced plans to open a Silicon Valley office and provide venture capital to identify and fund innovative technologies that can improve the national defense. Although traditionally Silicon Valley companies have been wary of contracting with DoD because of its bureaucracy and rigorous intellectual property requirements, Pentagon leaders have pledged to address these concerns to entice high technology companies and to…
On Thursday, December 11 at 1 PM Eastern, join our Crowell & Moring attorneys for a webinar entitled: “Intellectual Property Rules in Government Contracts Legal Update: Know Your Technical Data and Patent Rights.” During this 90-minute webinar, we will provide an overview of the key principles governing the rules and regulations relating to rights in technical data, computer software, and patents. Participants will also pick up practical pointers to help contractors avoid traps for the…
On November 18, GAO released its annual report to Congress under the Competition in Contracting Act of 1984, 31 U.S.C. § 3554(e)(2), disclosing the following bid protest statistics for FYs 2010-2014: The number of total cases filed was up 5% from the previous year to 2,561. FY 2013 had seen a slight decrease in the number of cases filed for the first time since FY 2006. This year’s increase suggests that the dip in FY…
On Wednesday, April 23rd at 1 PM Eastern, join our government contracts attorneys for a webinar entitled: “Intellectual Property Rules in Government Contracts Legal Update: Know Your Technical Data and Patent Rights.” During this 90-minute webinar, we will provide an overview of the key principles governing the rules and regulations relating to rights in technical data, computer software, and patents. We will include a discussion of recent and impending changes to these rules, particularly as…