SYSTEM NAME:
Patent Infringement and Litigation Records (October 10, 2012, 77 FR 61582)
SYSTEM LOCATION:
Air Force Legal Operations Agency, Commercial Law and Litigation Directorate, 1500 W. Perimeter Rd., Ste 1780, Joint Base Andrews, MD 20742-0001.
CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
Social Security Number (SSN), name, home address, phone numbers or other personal contact information that may be submitted by individual, letters; messages; forms; reports; contracts; bids; photographs; legal opinions; petitions; answers; discovery documents; memoranda; infringement studies; validity studies; procurement information; license agreements; other documents that may include contract determinations, witness statements, and engineering and technical reports.
CATEGORIES OF RECORDS IN THE SYSTEM:
Letters; messages; forms; reports; contracts; bids; photographs; legal opinions; petitions; answers; discovery documents; memoranda; infringement studies; validity studies; procurement information; license agreements; other documents including but not limited to: Contract determinations, witness statements, and engineering and technical reports.
AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
10 U.S.C. 8013, Secretary of the Air Force; 10 U.S.C. 8037, Judge Advocate General, Deputy Judge Advocate General: Appointment and Duties; 10 U.S.C. 2386, Copyrights, Patents, Designs; 22 U.S.C. 2356, Foreign Assistance, acquisition; 28 U.S.C. 1498, Patent and copyright cases; 35 U.S.C. 183, Right to compensation, Air Force Instruction 51-301, Intellectual Property - Patents, Patent Related Matters, Trademarks and Copyrights; and E. O. (SSN) 9397, as amended.
PURPOSE(S):
Purpose of the collection of information is to enable the United States and its officers and employees to investigate claims and/or defend the legal interests of the United States because of claims for compensation and litigation involving patent, trademark and copyright matters.
ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES OF USERS AND THE PURPOSES OF SUCH USES:
In addition to those disclosures generally permitted under 5 U.S.C. 552a(b) of the Privacy Act of 1974, these records contained therein may specifically be disclosed outside the DoD as a routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:
To the U.S. Patent Office to the extent such disclosures are necessary for the processing and verification of patent applications.
To the Department of Justice for the purpose of asserting and defending patent infringement action.
The DoD Blanket Routine Uses published at the beginning of the Air Force's compilation of systems of records notices apply to this system.
POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:
STORAGE:
Case files are maintained in file folders and electronic storage media.
RETRIEVABILITY:
Retrievable by name of claimant or litigant.
SAFEGUARDS:
Records are accessed by custodian of the record system and by person(s) responsible for servicing the record system in performance of their official duties, and who are properly screened and cleared for need-to-know. Records are stored in security file containers/cabinets/safes and controlled by personnel screening. Those records in computer storage devices are protected by computer system software.
RETENTION AND DISPOSAL:
Retained in office files for three years after end of year in which the case was closed, then retired to Washington National Records Center, Washington, DC 20409, for retention up to twenty five years thereafter, then destroyed by tearing into pieces, shredding, pulping, macerating, or burning. Records in computer storage are destroyed by degaussing or overwriting.
SYSTEM MANAGER(S) AND ADDRESS:
Air Force Legal Operations Agency, Commercial Law and Litigation Directorate, 1500 W. Perimeter Rd., Ste 1780, Joint Base Andrews, MD 20742-0001.
NOTIFICATION PROCEDURE:
Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to or visit the Air Force Legal Operations Agency, Commercial Law and Litigation Directorate, 1500 W. Perimeter Rd., Ste 1780, Joint Base Andrews, MD 20742-0001.
For verification purposes, individuals should provide their full name, SSN, any details which may assist in location records, and their signature.
In addition, the requester must provide a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the following format:
If executed outside the United States:
'I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature)'.
If executed within the United States, its territories, possessions, or commonwealths:
'I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)'.
RECORD ACCESS PROCEDURES:
Individuals seeking to access records about themselves contained in this system should address written requests to or visit the Air Force Legal Operations Agency, Commercial Law and Litigation Directorate, 1500 W. Perimeter Rd., Ste 1780, Joint Base Andrews, MD 20742-0001.
For verification purposes, individuals should provide their full name, SSN, any details which may assist in location records, and their signature.
In addition, the requester must provide a notarized statement or an unsworn declaration made in accordance with 28 U.S.C. 1746, in the following format:
If executed outside the United States:
'I declare (or certify, verify, or state) under penalty of perjury under the laws of the United States of America that the foregoing is true and correct. Executed on (date). (Signature)'.
If executed within the United States, its territories, possessions, or commonwealths:
'I declare (or certify, verify, or state) under penalty of perjury that the foregoing is true and correct. Executed on (date). (Signature)'.
CONTESTING RECORD PROCEDURES:
The Air Force rules for accessing records, and for contesting contents and appealing initial agency determinations are published in Air Force Instruction 37-132; 32 CFR part 806b; or may be obtained from the system manager.
RECORD SOURCE CATEGORIES:
Information received from the individual, contractors, other government agencies, individual corporations (non-contractors) and from source documents.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
None.
FEDERAL REGISTER HISTORY:
March 14, 2002, 67 FR 11467; October 10, 2012, 77 FR 61582