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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