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Intellectual Property

Our clients frequently call upon us to help them navigate the maze of legal and contractual requirements pertaining to the rights and obligations of both the federal agencies and their contractors to intellectual property provided or created under government contracts. Our attorneys advise clients on how and when to best protect their intellectual property from being acquired or copied by federal customers and third-party concerns, including the review and preparation of licensing agreements.
BLR Group of America, Inc. v. The United States,
U.S. Court of Federal Claims. We established rights on behalf of our client and generated a precedent for contractors to challenge and require correction of unfair and inaccurate performance evaluations in federal government contracts. The Court held that it had jurisdiction under the Contract Disputes Act to require the corrections and changes, and thus protect contractors in future procurements that measure past performance.

Behavioral Interventions, Inc. v. Missouri Office of Administration,
U. S. District Court, W.D. MO. We challenged Missouri’s affirmative action procurement program on constitutional grounds because it utilized goals that did not fairly consider the availability of compliant MBE/WBE firms, required mandatory, impossible goals and relied on obsolete data. After a trial on our motion for an injunction, the Court enjoined the State of Missouri from proceeding with procurements subject to the program. The matter was then settled with the issuance of a new Executive Order from the Governor reforming the programs along the lines we had argued.