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Size, scale only part of the story of the NGEN transition -- Washington Technology
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DVIDS - News - NSWC Dahlgren Division Engineers Develop Decision Aid for High Energy Laser Fire Control
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Peraton Completes Acquisition of Perspecta, Creating Leading Mission Capability Integrator and Transformative Enterprise IT Provider
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Ahoy There : If License Terms Not Clearly Intended to Be a Condition Precedent, It’s a Covenant Thursday, March 4, 2021
The US Court of Appeals for the Federal Circuit held that the US Court of Federal Claims erred by failing to consider defendant’s non-compliance with the terms of an implied license, vacating the claims court’s finding of non-infringement and remanding the case for a calculation of damages.
Bitmanagement Software GmbH v. U.S., Case No. 20-1139 (Fed. Cir. Feb. 25, 2021) (O’Malley, J.) (Newman, J., concurring).
Bitmanagement Software filed suit against the US government for infringement of its copyrighted graphics-rendering software, BS Contact Geo. The claims court found that Bitmanagement had established a
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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. The court’s decision is significant, not only in affirming the lower court’s finding that an implied-in-fact license existed between the government and Bitmanagement despite no privity of contract between the two (who transacted through a reseller), but also in taking the further step of holding the Navy to a key condition of that license, one the Navy failed to meet, with the potential for a hefty damages award to the software vendor.