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Office
of the Chief Counsel
for Technology Administration
Welcome
Welcome to the web page of the Office of the Chief Counsel
for Technology. Attorney, paralegal and support staff efforts within our
office locations support our client agencies, each of which is directly
related to advancing the scientific and technical capabilities of the
commercial infrastructure of the United States. Legal services performed
in support of management are related to intellectual property management,
scientific research management, technical information archiving and distribution,
and technology policy development.
The Department of Commerce is widely known for performance
of world-class scientific research at the National
Institute for Standards and Technology (NIST), with locations in Gaithersburg,
Maryland and Boulder, Colorado. Attorneys and staff detailed to this institution
report to NIST Counsel Michael R. Rubin, who also serves as Deputy Counsel
for Technology for the Department of Commerce. As reflected in one of
the highlights on our home page, attorneys at the Office of the NIST Counsel
utilize the widest variety of litigation and administrative law capabilities
in serving the needs of the various laboratory managers within NIST.
The
National Technical Information Service (NTIS) in Springfield, Virginia
is the nation's repository for scientific and technical information, and
the institution through which such information is shared with authorized
public and private researchers and institutions throughout the world.
It is one of the most automated, secure facilities of its type. Under
the leadership of Patent Counsel John H. Raubitschek, comprehensive legal
services are provided to NTIS management. Mr. Raubitschek also directs
the provision of intellectual property advice to the Department of Commerce,
with particular emphasis on the transfer of government technologies to
the private sector.
The
Office of Technology Policy (OTP) in Washington, DC, is the office
which provides technology policy advice to the Secretary of Commerce and
others throughout the executive branch. OTP activities are supported by
attorneys including Senior Counsel Philip J. Greene, through which operational
advice including contract and copyright is provided. Mr. Green is Senior
Counsel for Internet Technology, and directs provision of services related
to internet-related topics such as domain name management.
We look forward to interacting with citizen-customers of the agencies
we serve, and to continuing client-centered legal services to agency management.
Office Description
The Office of the Chief Counsel for Technology provides intellectual property
counsel and representation to the Department of Commerce, and legal guidance,
representation and management assistance to its 3,300-employee Technology
Administration. In this role it interacts with principal developers and
users of research, including private and public laboratories, universities,
corporations and governments. The office is directed by Chief Counsel
Craig S. Burkhardt and Deputy Chief Counsel Michael R. Rubin.
Highlights
NIST Counsel
The Office of NIST Counsel provided extensive legal support to the National
Institute of Standards and Technology (NIST) in its implementation of
the National
Construction Safety Team (NCST) Act, including NIST’s investigation
into the World Trade Center disaster. The Office of NIST Counsel drafted
and processed three Federal Register notices announcing implementing procedures.
It negotiated and drafted agreements to enable the WTC investigation team
to obtain the necessary evidence and reviewed all contracts awarded for
the investigation.
The Office of NIST Counsel provides programmatic legal support to the
Director of NIST. The office includes the Counsel for NIST and three other
attorneys. The office is located on the NIST Gaithersburg’s site.
NTIS Joint Venture Litigation
On October 3, 2000, NTIS and the Department of Defense (DOD) were sued
in the Court of Federal Claims for $28+ million for alleged breaches of
two joint venture agreements for the electronic distribution of DOD data
packages and commercial and government drawing standards. This was the
first such suit against NTIS. NTIS entered into the particular joint ventures
in 1996 but terminated them both in 1999 because they were losing money.
The litigation in the Court of Federal Claims concluded on March 21, 2003
when the trial judge granted the Government’s motion for summary
judgment on all counts and denied plaintiffs’ motion for summary
judgment. Plaintiffs appealed to the Court of Appeals for the Federal
Circuit. Oral argument before a three judge panel is expected in early
2004.
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