FAR and DFARS › DFARS Part 227: Patents, Data, and Copyrights › Subpart 227.70
DFARS 227.7008 Settlement of indemnified claims.
The codified text (eCFR, as of 2026-10-02). Under the Revolutionary FAR Overhaul ↗, agencies follow class deviations with new text for many parts while the formal rules go through the Federal Register: check the solicitation and your contract's clauses, which rule.
In plain English
This section governs how the Government settles claims for past patent infringement when contractors have agreed to indemnify the Government. It matters because it limits when such settlements can be made without the consent and financial contribution of the indemnifying contractors, or without coordination with the Department of Justice.
Applies to: Government contracting officers settling indemnified patent infringement claims
What it requires
- Do not settle claims for past infringement without the consent of and equitable contribution by each indemnifying contractor involved, unless the settlement is determined to be in the best interests of the Government and is coordinated with the Department of Justice to preserve the Government's righ
Key terms: indemnified claims · past infringement · equitable contribution · indemnifying contractor · Department of Justice
Written by AI from this section's text. A guide, not legal advice: the text below rules.
The text
Settlement of claims involving payment for past infringement shall not be made without the consent of, and equitable contribution by, each indemnifying contractor involved, unless such settlement is determined to be in the best interests of the Government and is coordinated with the Department of Justice with a view to preserving any rights of the Government against the contractors involved. If consent of and equitable contribution by the contractors are obtained, the settlement need not be coordinated with the Department of Justice.
← 227.7007 Notification and disclosure to claimants. · 227.7009 Patent releases, license agreements, and assignments. →
Rule changes for DFARS Part 227
- Defense Federal Acquisition Regulation Supplement; Technical Amendments ↗ · final rule 2025-08-25 · effective 2025-08-25
- Defense Federal Acquisition Regulation Supplement: Small Business Innovation Research Program Data Rights (DFARS Case 2019-D043) ↗ · final rule 2024-12-18 · effective 2025-01-17
- Defense Federal Acquisition Regulation Supplement: Use of DoD Program Nomenclature (DFARS Case 2021-D002) ↗ · proposed 2024-02-15 · comments due 2024-04-15
Source: eCFR, 48 CFR chapters 1 and 2 (GPO GovInfo bulk data) ↗. Plain words for the terms: glossary.