IR&D Definition Clarified
Client Alert | 1 min read | 03.19.10
In a decision that should resolve finally nearly 40 years of disagreement between contractors and the government about the definition of Independent Research and Development (IR&D), the Federal Circuit has held in ATK Thiokol Inc. v. U.S. (Mar. 19, 2010), that R&D effort must be "specifically required" by the terms of a contract in order to be excluded from the definition of allowable IR&D costs, endorsing the contractors' argument that effort that is "implicitly" required in order to perform the contract or "necessary" to perform but not explicitly required by the contract is allowable IR&D. In addition, and perhaps even more important, the decision acknowledges more generally in its analysis of the distinction between direct and indirect costs that "CAS 402 gives the contractor considerable freedom in the classification of particular costs, so long as the contractor maintains consistency in making that determination."
Insights
Client Alert | 5 min read | 07.01.26
What U.S. Patent Holders Need to Know About Inequitable Conduct Right Now
If a court finds that a patent applicant intentionally misrepresented or withheld material information from the USPTO with the intent to deceive, the consequences are severe, leading to unenforceability of the entire patent (and likely any later patents claiming priority to the unenforceable patent).
Client Alert | 3 min read | 06.30.26
Qatar Labor Law: Key Amendments Introduced by Law No. 9 of 2026
Client Alert | 2 min read | 06.29.26
When Trade Secret Theft Becomes Racketeering: What the Fifth Circuit’s New Ruling Means
Client Alert | 7 min read | 06.26.26
Federal Roundup: Updates for PBMs and Medicare Advantage Organizations
