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Intellectual Property and Data Rights

Overview

To maintain a competitive advantage, companies must rigorously protect rights in their advanced technology and computer software. This is particularly true for any company that does business at the prime contract, subcontract, or grant level with the federal government because the government obtains broad rights when intellectual property is developed, conceived, or reduced to practice with its money. We are one of the few firms with lawyers that focus on this field — lawyers who have literally written the book on contractors' rights in computer software and technical data.

We counsel

We advise companies on how they can maximize their commercial rights in software, technical data, and patentable inventions. We do this in three ways:

  • We train contract and finance personnel on how to identify and preserve intellectual rights
  • We design procedures to track development and reduction to practice so that companies can restrict the government's rights in data and software, and retain title to inventions
  • We prepare and review intellectual property and software license agreements, proprietary information, non-disclosure and confidentiality agreements, teaming and joint venture agreements, Cooperative Research and Development Agreements (CRADA), grant agreements, and "other transactions" to assure that intellectual property rights are perfected and protected

We litigate

We also represent companies when they enforce or protect their intellectual property rights. This involves litigating challenges by the government to restrictions on software and technical data and patent infringement by the government or its contractors under 28 USC. 1498, as well as pursuing injunctive relief against companies that misappropriate trade secrets.

Contacts

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Insights

Webinar | 10.16.25

The Artificial Intelligence Agenda from Capitol Hill to State Capitals: Where We Are and Where We Are (Probably) Going

The landscape of AI governance and regulation is shifting. Following the release of the White House’s “America’s AI Action Plan” in July 2025 and the President’s signing of related Executive Orders, the White House has emphasized (at least rhetorically) a preference for innovation, adoption, and deregulation. But that does not tell the entire story. The Administration remains committed to exercising a heavy hand in AI, including by banning the U.S. government’s procurement of so-called “woke AI,” intervening in the development of data centers and the export of the AI technology stack, imposing an export fee for certain semiconductors to China, and assuming a stake in a U.S. semiconductor company. State legislatures are also racing to implement their own regulations, particularly around AI’s use in critical areas, such as healthcare, labor and employment, and data privacy. The many sources of regulation raise the specter of a fragmented compliance environment for businesses. This webinar will delve into the Administration’s AI strategy, going beyond the headlines to analyze:...

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Insights

Webinar | 10.16.25

The Artificial Intelligence Agenda from Capitol Hill to State Capitals: Where We Are and Where We Are (Probably) Going

Podcast | 06.26.25

Lightning Round: AI Usage by Employees—Safeguards for the Workplace

Firm News | 11 min read | 06.05.25

Crowell Attains Leading Rankings in Chambers USA 2025

Client Alert | 2 min read | 06.27.24

The FTC Strikes Out: Drug Manufacturers Refuse to Play Ball and Delist Orange Book Patents in Response to FTC Warning Letters

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Professionals

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Insights

Webinar | 10.16.25

The Artificial Intelligence Agenda from Capitol Hill to State Capitals: Where We Are and Where We Are (Probably) Going

The landscape of AI governance and regulation is shifting. Following the release of the White House’s “America’s AI Action Plan” in July 2025 and the President’s signing of related Executive Orders, the White House has emphasized (at least rhetorically) a preference for innovation, adoption, and deregulation. But that does not tell the entire story. The Administration remains committed to exercising a heavy hand in AI, including by banning the U.S. government’s procurement of so-called “woke AI,” intervening in the development of data centers and the export of the AI technology stack, imposing an export fee for certain semiconductors to China, and assuming a stake in a U.S. semiconductor company. State legislatures are also racing to implement their own regulations, particularly around AI’s use in critical areas, such as healthcare, labor and employment, and data privacy. The many sources of regulation raise the specter of a fragmented compliance environment for businesses. This webinar will delve into the Administration’s AI strategy, going beyond the headlines to analyze:...

View All Insights