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U.S. Navy Breached Implied-In-Fact Software License, Federal Circuit Decides in Bitmanagement

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The Federal Circuit handed a substantial victory to Bitmanagement Software GMBH last week, finding the U.S. Navy had infringed the company’s copyright by installing its three-dimensional visualization software on hundreds of thousands of government computers without using license-tracking software to monitor and limit the number of simultaneous users.

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U.S. Navy Breached Implied-In-Fact Software License, Federal Circuit Decides in Bitmanagement

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Locke is a partner in MoFo’s Government Contracts & Public Procurement practice. He has been recognized by Chambers USA for his “proficiency across the government contracts space,” with sources commending his deep experience in Intellectual Property and Data Rights.Locke counsels clients across industries through the full lifecycle of delivering technology and licensing software to U.S. federal, state, and local governments, and performing government-funded R&D through contracts, grants, cooperative agreements, and other vehicles such as other transactions (OTs/OTAs), cooperative research and development agreements (CRADAs), and the Small Business Innovation Research (SBIR) and Small Business Technology Transfer (STTR) programs. He provides strategic advice for asserting, protecting, and enforcing patents, data rights, and other intellectual property under the Federal Acquisition Regulation (FAR) and the Defense Federal Acquisition Regulation Supplement (DFARS) and the Bayh-Dole Act, before statutory agencies such as NASA and the Department of Energy, and in engagements with OT consortia, federal laboratories, and federally funded research and development centers (FFRDCs). He is a skilled negotiator of commercial and noncommercial licensing agreements, contracts and subcontracts, joint venture agreements, and teaming agreements. As a litigator, Locke represents clients in bid protests, complex contract claims, data rights challenges, patent and copyright infringement suits under 28 U.S. Code §1498, trade secrets misappropriation and reverse-FOIA disputes, and civil fraud and qui tam actions under the False Claims Act. Locke also regularly advises large and small businesses, private equity firms, and entrepreneurs on the complex government contracting and IP-related issues they face in M&A and other transactional matters.Locke has repeatedly been “Recommended for Government Contracts” by The Legal 500, and in 2024 he was ranked “Up and Coming” in Government Contracts by Chambers USA. He has also been recognized as a Rising Star by Law360 and the National Law Journal.Locke is a professorial lecturer in law at the George Washington University Law School, where he teaches Government Procurement of Intellectual Property. He is a current vice-chair and former co-chair of the Intellectual Property Committee for the American Bar Association Public Contract Law Section. Locke holds a B.S. in mechanical engineering from the University of Virginia and formerly was a patent examiner for the U.S. Patent and Trademark Office. He earned his J.D. with honors from the George Washington University Law School, where he received the Patricia A. Tobin Government Contracts Award. Locke clerked for Judge Mary Ellen Coster Williams at the U.S. Court of Federal Claims.

Locke Bell

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Government Contracts + Public Procurement