SYSTEM NAME:

Patent, Copyright, and Data License Proffers, Infringement Claims, and Litigation Files  (July 14, 2014,  79 FR 40731)

SYSTEM LOCATION:

Office of the Judge Advocate General, Department of the Army, Intellectual Property Office, Regulatory Law and Intellectual Property Division, 9275 Gunston Road, Building 1450, Fort Belvoir, VA 22060-5546.

Segments of this system may exist at the Office, Chief of Engineers, Headquarters, U.S. Army Materiel Command, and/or its major subordinate field commands.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:

Claimants or defendants in administrative proceedings or litigation with the government for improper use, infringement, enforcement of agreements, or comparable claims concerning patents or copyrights; individuals having copyrights in material in which the Department of the Army is interested; individuals who own patents which they offer to license to Department of the Army; individuals seeking private relief before the Congress because of right in inventions, patents, copyrights, or data licenses.

CATEGORIES OF RECORDS IN THE SYSTEM:

Documents relating to the administrative assertion of claims by and against the government and to litigation with the government for alleged misuse of patents, copyrights, trademarks, and data, including inquiries, investigations, settlements, communications with claimants or defendants, and related correspondence; documents relating to advice and assistance provided in obtaining licenses for Department of the Army use of copyright material; documents relating to the investigation and disposition of patent license offers; documents relating to investigations in connection with processing proposed legislation or bills for private relief of individuals because of rights of individuals in inventions, patents, copyrights, or data, including reports of investigations, comments or recommendations, and related correspondence.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:

10 U.S.C. 3013, Secretary of the Army; 17 U.S.C., Copyrights; 15 U.S.C. Chapter 22, Trademarks; 15 U.S.C. Chapter 63, Technology Innovation; Army Regulation, 27-40, Litigation; Amy Regulation 27-60, Intellectual Property; Army Regulation 70-57, Military-Civilian Technology Transfer; DA PAM 27-11, Army Patents; and E.O. 9397 (SSN).

PURPOSE(S):

To maintain evidence and record of claims and litigation involving Department of the Army concerning patents, trademarks, copyrights, and data; to maintain evidence and record of Department of the Army attempts to use copyrighted material and to receive the copyright owner's permission for such use; to maintain record and evidence of patent license offers received and investigations and reports pursuant thereto; and to maintain record and evidence of investigations of proposed legislation or bills for private relief.

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, these records or information 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 non-DoD government agencies involved in claims or litigation to determine the validity of allegations for the purposes of properly prosecuting or defending the case. To Department of the Justice Civil Division to determine the validity of allegations for proper prosecution or defense of allegations in claims or litigation. To Congress to receive reports for the purpose of determining the Department of the Army's position on particular bills for private relief. To law students to permit them to provide legal support for the purposes of participating in a volunteer legal support program approved by the Judge Advocate General of the Army. The DoD 'Blanket Routine Uses' set forth at the beginning of the Army's compilation of systems of records notices also apply to this system.

POLICIES AND PRACTICES FOR STORING, RETRIEVING, ACCESSING, RETAINING, AND DISPOSING OF RECORDS IN THE SYSTEM:

STORAGE:

Paper records in file folders and on electronic storage media.

RETRIEVABILITY:

By individual's surname and/or case number.

SAFEGUARDS:

Records are maintained in buildings, which employ security guards and are accessed only by authorized personnel having official need-to-know. Automated segments are protected by controlled system passwords governing access to data.

RETENTION AND DISPOSAL:

Infringement allegations, patent License proffers, patent infringement and administrative litigations, data licensing and litigation, copyright infringement and litigation claims are destroyed after 30 years. Request for greater rights, royalty records and intellectual property private litigations are destroyed after 20 years; government asserted claims are destroyed after 25 years, infringement legislative claims are destroyed after 35 years; proffer and infringement claims dockets are maintained in current file area then destroyed after 40 years.

SYSTEM MANAGER(S) AND ADDRESS:

The Judge Advocate General, Headquarters, Department of the Army, 9275 Gunston Road, Building 1450, Fort Belvoir, VA 22060-5546.

NOTIFICATION PROCEDURE:

Individuals seeking to determine whether information about themselves is contained in this system should address written inquiries to the Judge Advocate General, Headquarters, Department of the Army, 1777 North Kent Street, Arlington, VA 22209-2194. Individual should provide the full name, current address and telephone number, case number that appeared on documentation, any other information that will assist in locating pertinent records, and 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 access to information about themselves contained in this system should address written inquiries to The Judge Advocate General, Headquarters, Department of the Army, 9275 Gunston Road, Building 1450, Fort Belvoir, VA 22060-5546 Individual should provide the full name, current address, telephone number, and case number that appeared on documentation, any other information that will assist in locating pertinent records, and 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 Army's rules for accessing records, and for contesting contents and appealing initial agency determinations are contained in Army Regulation 340-21; 32 CFR part 505; or may be obtained from the system manager.

RECORD SOURCE CATEGORIES:

From the individual, the Army organizational element interested in the copyrighted material or offered license, employment records, pertinent government patent files, Department of Justice and/or the government agencies involved in the claims or litigation.

EXEMPTIONS CLAIMED FOR THE SYSTEM:

None.

FEDERAL REGISTER HISTORY:

February 15, 2002, 67 FR 7140; October 1, 2008, 73 FR 57084; July 14, 2014, 79 FR 40731.