Greenberg Traurig Shareholder Paul McQuade will be speaking in an upcoming Strafford live video webinar, "Enforcing End User License Agreements in Government Contracts: Protecting IP Rights, Lessons From Recent Cases" scheduled on Tuesday, June 11.
Government contractors that sell or license software to the federal government, either directly or indirectly through a reseller agreement, frequently attempt to preserve and protect their intellectual property rights by incorporating commercial licensing terms from an end user license agreement (EULA) into their government contracts. Two recent cases shed light on the enforceability of EULAs in federal government contracts and the steps software licensors can take to protect their IP enforcement rights: Avue Technologies Corp. v. Secretary of Health and Human Services and 4DD Holdings L.L.C. v. United States, the U.S. Court of Claims.
Our panel will discuss these two recent cases from government contract tribunals that evaluate the limits on enforceability of software EULAs incorporated into government contracts. The panel will explore the ramifications of these decisions and the lessons for contractors licensing software to the federal government.