Let's Make A Deal!

Two count felony and $100,000,000 fine and no one goes to jail? In a time of war, IT&T Night Vision released highly sensitive and classified materials (including detials related to the Enhanced Night Vision Goggle, one of the systems included in the CANVS V USA Patent Infringement Case before the Court of Federal Claims) to China and others. I think the laws are still on the books from WW-II (if not they should be...), I believe this is a hanging offence know as TREASON.

Below is the NBC news coverage:

http://www.msnbc.msn.com/id/17814559/ns/business-world_business

The US Army included Federal Acquisition Regulation (FAR) Subparts 52.227-1, Authorization and Consent, and 27.201-2(b),NOTICE AND ASSISTANCE REGARDING PATENT AND COPYRIGHT INFRINGEMENT (complete text of the referenced FAR Subparts is below for your reading pleasure).

What this means is that the U.S. Department of Justice will be shoulder to shoulder with the very same folks from IT&T Night Vision they recently charged with a two count felony, trying to defend against the indefensible actions related to the unlicensed use of the CANVS Patent in question.

FAR Subparts:

52.227-1 Authorization and Consent.
As prescribed in 27.201-2(a)(1), insert the following
clause:
AUTHORIZATION AND CONSENT (DEC 2007)
(a) The Government authorizes and consents to all use and
manufacture, in performing this contract or any subcontract at
any tier, of any invention described in and covered by a United
States patent—
(1) Embodied in the structure or composition of any
article the delivery of which is accepted by the Government
under this contract; or
(2) Used in machinery, tools, or methods whose use necessarily
results from compliance by the Contractor or a subcontractor
with (i) specifications or written provisions
forming a part of this contract or (ii) specific written instructions
given by the Contracting Officer directing the manner of
performance. the entire liability to the Government for
infringement of a United States patent shall be determined
solely by the provisions of the indemnity clause, if any,
included in this contract or any subcontract hereunder (including
any lower-tier subcontract), and the Government assumes
liability for all other infringement to the extent of the authorization
and consent hereinabove granted.
(b) The Contractor shall include the substance of this
clause, including this paragraph (b), in all subcontracts that
are expected to exceed the simplified acquisition threshold.
However, omission of this clause from any subcontract,
including those at or below the simplified acquisition threshold,
does not affect this authorization and consent.
(End of clause)
Alternate I (Apr 1984). As prescribed in 27.201-2(a)(2),
substitute the following paragraph (a) for paragraph (a) of the
basic clause:
(a) The Government authorizes and consents to all use and
manufacture of any invention described in and covered by a
United States patent in the performance of this contract or any
subcontract at any tier.
Alternate II (Apr 1984). As prescribed in 27.201-2(a)(3),
substitute the following paragraph (a) for paragraph (a) of the
basic clause:
(a) The Government authorizes and consents to all use and
manufacture in the performance of any order at any tier or subcontract
at any tier placed under this contract for communication
services and facilities for which rates, charges, and tariffs
are not established by a government regulatory body, of any
invention described in and covered by a United States patent—
(1) Embodied in the structure or composition of any article
the delivery of which is accepted by the Government under
this contract; or
(2) Used in machinery, tools, or methods whose use necessarily
results from compliance by the Contractor or a subcontractor
with specifications or written provisions forming a part
of this contract or with specific written instructions given by the
Contracting Officer directing the manner of performance.
52.227-2 Notice and Assistance Regarding Patent and
Copyright Infringement.

As prescribed in 27.201-2(b), insert the following clause:
NOTICE AND ASSISTANCE REGARDING PATENT AND
COPYRIGHT INFRINGEMENT (DEC 2007)
(a) The Contractor shall report to the Contracting Officer,
promptly and in reasonable written detail, each notice or claim
of patent or copyright infringement based on the performance
of this contract of which the Contractor has knowledge.
(b) In the event of any claim or suit against the Government
on account of any alleged patent or copyright infringement
arising out of the performance of this contract or out of the use
of any supplies furnished or work or services performed under
this contract, the Contractor shall furnish to the Government,
when requested by the Contracting Officer, all evidence and
information in the Contractor’s possession pertaining to such
claim or suit. Such evidence and information shall be furnished
at the expense of the Government except where the
Contractor has agreed to indemnify the Government.
(c) The Contractor shall include the substance of this
clause, including this paragraph (c), in all subcontracts that are
expected to exceed the simplified acquisition threshold.
(End of clause)