Federal Circuit Clarifies Patent-Risk Boundaries in Government-Sponsored R&D
The Federal Circuit affirmed that AeroVironment’s UAV development under SBIR and STTR contracts is protected by 28 U.S.C. § 1498, barring patent‑infringement suits against the contractor. The court held the work was performed for the United States with government authorization, shifting any remedy to the United States in the Court of Federal Claims. This decision clarifies that early‑stage, government‑directed R&D, including prototype work, falls within the § 1498 immunity. It underscores the need for contractors to document authorization and for patent owners to target the government rather than private firms.
Confidential Information Cannot Be ‘Un-Learned’
The U.S. District Court for New Jersey affirmed a special master’s ruling that barred Nasdaq’s Vice President of Engineering from reviewing opposing confidential material in a patent dispute. The court emphasized that once sensitive information is learned it cannot be...
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[Webinar] AI Trade Secrets: Litigation Trends and Risk Management - March 4th, 9:00 Am - 10:00 Am PST
Fenwick & West’s March 4 webinar will examine the surge in trade‑secret litigation targeting AI companies’ core assets, such as algorithms, training data, and deployment strategies. The session will dissect recent high‑profile cases and the sizable damages awarded, highlighting how employee...
Practical Guidance for Drafting and Reviewing IP Indemnification Clauses
Intellectual property indemnification clauses are a focal point of commercial contract negotiations because infringement claims can generate hefty financial losses and operational disruption. The article breaks down the core elements—exclusions, remedies, defense control, scope, and covered claims—and then offers role‑specific...