Moderna has filed an appeal against a District Court judgment that found it liable for patent infringement related to its COVID-19 vaccine, Spikemax®, developed and produced under a government contract (C-100). The appeal challenges the application of 28 U.S.C. § 1498(a), which potentially shields government contractors from patent infringement claims when the government directs and controls the production and owns the resulting product. This case highlights critical legal considerations for government procurement professionals and contractors involved in emergency public health contracts, particularly regarding intellectual property risks and government indemnification.
Why this matters: The outcome will clarify the extent of patent liability protections for contractors working under government direction during emergencies, impacting contract risk assessments and negotiations.
Procurement officials should evaluate contract clauses related to intellectual property rights and indemnification in future emergency response procurements.
Contractors engaged in government-directed production should assess their exposure to patent infringement claims and the applicability of 28 U.S.C. § 1498(a).
Legal teams supporting procurement should monitor this appeal for precedent-setting implications on government contractor protections and patent law in public health emergencies.
The Government hired Moderna to develop a novel vaccine as a government product at the Governmentdirection. The Government owned and controlled each batch produced. And it explicitly authorized Moderna to use any patented invention in performing the C-100 Contract at issue.
— Moderna legal brief
Agencies
United States Court of Federal Claims, Federal Circuit, Department of Defense
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Artificial Intelligence
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Regulatory Compliance
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Information Technology
Federal agencies are accelerating the integration of artificial intelligence technologies but face significant challenges related to the reliability and governance of the data that underpins these systems. Current recordkeeping and information management practices are not keeping pace with AI adoption, creating risks for effective implementation and oversight. Agencies are advised to develop dynamic, adaptable governance frameworks that enable continuous reassessment of AI tools, maintain enterprise-wide visibility, and incorporate robust data governance and vendor risk management to balance innovation with regulatory compliance and risk mitigation.
Procurement professionals should prioritize vendors and solutions that offer strong data governance, auditability, and compliance features to support trustworthy AI deployments.
Agencies need to incorporate flexible contract terms that allow for evolving AI governance requirements and technology updates.
Organizations can benefit from standardized decision-making processes and enterprise-wide AI tool inventories to improve oversight and risk management.
This trend indicates growing demand for AI governance consulting, information management services, and vendor risk assessment capabilities in federal procurements.
The City of Fargo Board of Appeals convened on August 6, 2026, to discuss an appeal regarding the FPS Explorer Academy's request for an alternative design related to locking mechanisms on doors within their facility at 1729 16th Street South. The discussion centered on whether the existing alternative design, originally approved in 2020 under Minnesota code provisions, could be extended to include additional doors now that Fargo Public Schools occupies the entire space previously shared with TNT. The board examined code compliance issues, the change in occupancy use, and safety concerns related to student elopement. The board acknowledged the complexity of applying current codes, the need for updated documentation, and the financial and operational impacts of requiring full compliance with institutional occupancy standards. Ultimately, the board voted to overturn the building official's interpretation, allowing the installation of the additional locking mechanisms as requested, while encouraging the school district to submit a formal alternative design application for review. The board also discussed the potential for future code amendments to address such special education facility needs more clearly.
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Physical Infrastructure
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Artificial Intelligence
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Defense & Military
The U.S. Navy and Marine Corps are advancing procurement of small unmanned surface vessels (USVs) through multiple contracts awarded to prime contractors like Seasats, emphasizing the strategic benefits of smaller, more agile platforms under 40 feet. These contracts support naval and special forces operations, reflecting a shift toward cost-effective, rapidly deployable maritime assets amid rising costs for larger naval vessels such as nuclear-powered battleships. Concurrently, Ondas secured a $50 million contract for the U.S. Army's Lethal Unmanned Systems program, and Blue Water Autonomy received a $40 million IDIQ contract for autonomous ocean floor mapping, highlighting growing investment in unmanned and autonomous maritime technologies.
Why this matters: Procurement professionals should note the Navy's prioritization of small USVs as a cost-efficient alternative to larger ships, creating opportunities for vendors specializing in unmanned maritime systems.
The strategic advantage of small USVs includes stealth, rapid production, and operational flexibility, influencing future naval acquisition strategies.
The expanding portfolio of unmanned systems contracts across Navy and Army programs signals increased demand for integrated autonomous maritime solutions.
Contractors with capabilities in AI-driven manufacturing, autonomous navigation, and maritime sensor technologies may find enhanced opportunities aligned with these procurement trends.
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Contracting Vehicles
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Physical Infrastructure
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Construction & Infrastructure
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Professional Services
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Public Safety
The City Council of Palm Bay, Florida, held a regular meeting on August 7, 2026, which included several procurement and budget-related discussions. Key procurement actions included approval of a contract amendment for engineering services related to the widening of Saint John's Heritage Parkway, with plans to combine this with a roundabout project to save costs and expedite construction. The council also discussed the potential acquisition of approximately 135 acres of the former Majors Golf Course property for $7,030,000, following appraisal and negotiation efforts, with a motion passed to proceed with a counteroffer and potential condemnation if negotiations fail. Additionally, the council approved a consent agenda item involving a drainage easement sale that would return $142,000 to the city, with a motion to allocate these funds toward police vehicles pending legal review. Updates were provided on the city's investment policy, reflecting compliance with recent state statute changes. The meeting also featured public comments on various topics including police surveillance cameras, community safety, and the potential closure of the Palm Bay Aquatic Center due to budget shortfalls, with the city seeking partnerships to sustain its operation. The council expressed support for maintaining police staffing levels and improving public safety resources. Overall, the meeting addressed significant capital improvement projects, property acquisition negotiations, budget allocations for public safety, and community engagement on key local issues.
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Physical Infrastructure
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Contracting Vehicles
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Construction & Infrastructure
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Energy & Utilities
The Lake Agassiz Water Authority meeting held on August 6, 2026, focused extensively on procurement and project management related to regional water infrastructure. Key agenda items included approval of multiple task orders for design and construction services at the Biota Water Treatment Plant, including pipeline construction, intake design, power supply planning, and water treatment plant improvements. The board approved a resolution supporting further due diligence on transferring ownership and governance of the Red River Valley Water Supply project to the State Water Commission, reflecting ongoing discussions about cost sharing and long-term financial sustainability. The meeting also addressed financial updates, including budget expenditures, banking arrangements, and updated cost projections for users, incorporating federal funding and bonding considerations. A significant portion of the discussion centered on adopting a Construction Manager at Risk (CMAR) delivery method for the Biota Water Treatment Plant to accelerate the schedule, improve cost certainty, and enhance collaboration among contractors and engineers. The board approved moving forward with the CMAR procurement process. Additionally, the authority decided to continue lobbying efforts through an administrative agreement with the City of Fargo to achieve cost efficiencies. Overall, the meeting advanced several procurement decisions critical to the progress of the water supply projects and financial planning.
The ORCSD School Board held a regular meeting on August 5, 2026, focusing primarily on school operations, transparency, and communication improvements. Public comments emphasized the need for greater financial transparency, including timely access to budget documents and clearer communication regarding delays in information requests. The board approved various personnel nominations and leaves, including an interim assistant principal and department heads. A significant portion of the meeting was dedicated to updates from school principals on summer preparations, curriculum goals, and student programs. The board also discussed proposed updates to the school board website to consolidate committee information for better public accessibility, including committee roles, membership, and reporting requirements. No specific contract awards, RFPs, or procurement decisions were reported during this meeting.
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Grants & Funding
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Physical Infrastructure
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Contracting Vehicles
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Construction & Infrastructure
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Public Safety
The Antrim County Board of Commissioners held a meeting on August 6, 2026, covering a wide range of topics including public safety, infrastructure, and community services. Key procurement-related discussions included approval of a $16,774.20 expenditure for a DS chat system to enhance 911 communications, authorization of a $99,915 contract with Telmar Construction LLC for phase one of the interim city schoolhouse restoration funded by grants and endowment money, and approval of a capital improvement plan for 2027-2031 which included a $353,500 elevator update for Meadowview Apartments. The board also authorized a budget amendment of $214,087.56 for a new Crisis Response Officer position at the Sheriff's Office contingent on full grant funding. Additionally, the board approved a data sharing agreement with the Michigan Department of Technology Management and Budget and discussed funding allocations for housing assistance programs and airport terminal apron reconstruction projects. Presentations from FEMA and the Small Business Administration provided updates on disaster assistance programs and loan opportunities for residents affected by recent flooding. The meeting included discussions on grant applications, budget amendments, and contract awards, reflecting active procurement and budget management efforts by the county.
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Contracting Vehicles
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Grants & Funding
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Construction & Infrastructure
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Professional Services
The Washington County New York Personnel & Finance Committee meeting held on August 6, 2026, focused on several procurement and budget-related topics. Key discussions included the proposed transfer of county-owned properties to the North Country Rural Development Coalition's land bank for redevelopment, with a planned allocation of $2 million for rehabilitation and $200,000 for operational costs. The committee addressed legal and procedural considerations for property transfers, including handling abandoned properties and potential demolition. Additionally, the committee approved a waiver to contract with Shan King for developing a discrimination and harassment policy at a cost of $20,000. Several budget motions were passed, including renewal of a cybersecurity license platform, acceptance of a $15,000 grant, planning for a septic grant, and capital projects for sewer districts. The treasurer provided updates on sales tax revenues, cash flow, and the impact of pilot payments on tax caps, emphasizing the importance of careful budget planning. The meeting concluded with discussions on departmental budget coordination and the importance of managing personnel and contract costs.
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Physical Infrastructure
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Grants & Funding
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Construction & Infrastructure
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Energy & Utilities
The Houston County Commission meeting held on August 7, 2026, included several procurement and budget-related discussions. Key items addressed were the approval of updated sanitation department policies, including changes to fees for additional garbage cans and bulk trash pickup, aimed at addressing projected budget shortfalls with sanitation revenues expected to be $3.89 million against expenses over $4 million. The commission also considered entering into a construction agreement with the Alabama Department of Transportation for resurfacing North Broadway Street and approved budget amendments totaling over $200,000 for various projects, including pipe work and fuel purchases. The fuel budget was notably increased by $175,000 due to rising costs, reflecting financial pressures on county operations. Several appointments to county boards were also proposed, but the primary focus was on managing sanitation services and infrastructure maintenance through contract approvals and budget adjustments.
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Grants & Funding
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Contracting Vehicles
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Professional Services
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Public Safety
The County Commissioners meeting held on August 7, 2026, included several procurement and budget-related discussions. Key topics included the approval of jail vouchers and a detailed presentation on the 2027 general fund revenue forecast, projecting $56.8 million with a 1.2% increase over 2026, primarily driven by property tax revenue expected to rise by 7% due to new construction. The commissioners approved an engagement letter for $3,500 with financial advisors PFM to manage bond refinancing investments, aiming to save the county several hundred thousand dollars in interest costs. An ordinance related to this refinancing was also approved. Additionally, the board approved a roughly $240,000 Emergency Solutions Grant agreement to support homelessness prevention and rapid rehousing efforts, with a required dollar-for-dollar match from community donations and other grants. Public comments addressed concerns about the county’s budget, tax rates, and the use of Flock license plate reader cameras by the sheriff’s department, with a future presentation on this topic scheduled for the August 19 meeting. Overall, the meeting focused on fiscal management, budget planning, and community support initiatives with several motions passed related to financial and procurement matters.
