4 Cases That Could Affect Gov't Contracts For Tech

By Kristen Ittig, Kristen Riemenschneider and Nathaniel Castellano (August 15, 2017, 12:50 PM EDT) -- The intersection of federal procurement and intellectual property law is a strange place, occupied by far more questions than answers. It is rare that the past few months have brought so many decisions relevant to this area of law. First, the U.S. Supreme Court granted certiorari in a case that could carry constitutional implications for proceedings brought under 28 U.S.C. § 1498, presently the only avenue for patentees to sue the federal government (and its contractors) for patent and copyright infringement. Second, the Federal Circuit prepares to consider whether a federal agency can be enjoined from crafting solicitations without first exploring commercial and nondevelopmental options to the maximum extent practicable. Third, the Court of Federal Claims affirmed its jurisdiction over disputes arising under "other transactions authority" agreements. And fourth, the Government Accountability Office held that the debriefing exception for protest timeliness does not apply to protests of contracts awarded under the Small Business Innovation Research program. While each of these decisions is very different from the others, they can all be appreciated by those interested in how the federal government purchases and uses private sector technologies....

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