1. Home
  2. |Insights
  3. |DOD Proposes Substantial Revision to Intellectual Property Rules

DOD Proposes Substantial Revision to Intellectual Property Rules

Client Alert | less than 1 min read | 09.29.10

On September 27, 2010, the DoD published a proposed rule which would substantially revise the DFARS Part 227 rules and the associated clauses relating to Intellectual Property. There are numerous proposed changes which collectively are a mixed bag, but perhaps the most problematic change relates to the treatment of commercial technical data and commercial computer software, which includes a caveat that any government funding eliminates the commercial item nature of the product.

Insights

Client Alert | 4 min read | 08.25.26

DOJ Signals Increased Antitrust Scrutiny of Algorithmic Pricing in Willow Bridge Decision

Algorithmic pricing tools commonly used by businesses to increase efficiency and profits are under increasing antitrust scrutiny. This summer, federal regulators, state attorneys general, and state legislatures grappled with competing businesses providing nonpublic, competitively sensitive data to common algorithmic platforms. The Third Circuit deepened an emerging circuit split with the Ninth Circuit on algorithmic pricing liability, reviving antitrust claims against Atlantic City casino-hotels in a decision with direct implications for any company that uses a common pricing platform. See Crowell’s recent client alert. And New Jersey enacted two landmark laws—the FAIR Act and the Fair Price Protection Act—directly regulating algorithmic rent-setting and surveillance pricing. See Crowell’s recent client alert....