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Galactic Foresight Required: NASA's Proposed Rule Limits Advance Waivers to Yet-to-Be-Conceived Inventions

Client Alert | less than 1 min read | 10.23.14

Earlier this month, NASA proposed to amend its patent regulations to require contractors requesting an advance waiver of the government's domestic rights in inventions made under a NASA contract to identify with specificity any inventions or classes of inventions that the contractor "believes will be made under the contract." Thus, in order to obtain an effective waiver, the contractor must predict what "inventions or classes of inventions" the contractor might make under aNASA contract, which, given the unpredictable nature of R&D efforts, may not cover the inventions that the contractor actually develops.


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Client Alert | 6 min read | 11.19.25

Buying Peace: The Importance of Releasing FCA Liability When Resolving Criminal Allegations of Fraud Against the Government

The facts before the Third Circuit in the recently decided case of Patel v. United States illustrate how parties can put themselves in a bind if they make factual admissions when resolving a criminal case involving fraud on the government while not simultaneously resolving the government’s civil claims under the False Claims Act (FCA) for the same underlying conduct....