Protecting Your Intellectual Property in an Open Systems Architecture Environment

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In recent years, likely in light of fiscal constraints, the Government has become more focused on its rights in contractor technical data and computer software.  This enhanced focus often manifests itself as an aggressive demand for both data deliverables and rights in a contractor’s intellectual property.  This trend will only continue as agencies move towards an Open Systems Architecture (“OSA”) approach.

The same fiscal constraints that have caused the Government to focus on data and data rights are also forcing contractors to explore new markets and new customer bases in order to ensure that they can recapture their investments in technology.  Without an understanding of the shifting data rights environment, contractors may jeopardize their ability to monetize their innovations.

Educational Objectives:

• How to recognize an OSA approach to procurement.
• How to best protect intellectual property vis-à-vis the Government, whether the Government is adopting an OSA approach or not.
• How to handle over-reaching on data deliverables or data rights.

Who would benefit most from attending this program?

Practitioners and other individuals working on a Government contract or sub-contract where they will use, develop, and/or develop information that they consider proprietary to the Government and/or a higher-tier contractor.



Mr. Scott Felder represents clients in the acquisition, protection, management, and enforcement of intellectual property rights.  His practice focuses on the complex intellectual property issues confronted by government contractors, including patent rights and rights in technical data and computer software, with emphasis on the aerospace and defense sectors.  Mr. Felder routinely represents clients in intellectual property disputes and negotiations with the government.  As the head of the firm’s Patent Prosecution practice, Mr. Felder also represents clients before the United States Patent and Trademark Office, including the Patent Trial and Appeal Board.  He is also a frequent speaker and author on intellectual property issues.

Mr. Felder is admitted to practice in Missouri and the District of Columbia, as well as in front of various federal courts and the Supreme Court of the United States.  He earned his J.D., Order of the Coif, from the University of Virginia School of Law and his B.E., summa cum laude, from Vanderbilt University.


Ms. Nicole Owren-Wiest represents aerospace, defense, professional services, and emerging technology companies in all aspects of federal government contracts law.  She has successfully represented some of the largest government contractors in the world, as well as many small and large businesses performing their first government contracts.  Ms. Owren-Wiest possesses extensive experience helping clients with government cost accounting, cost allowability, and contract estimating and pricing matters, as well as with business system audits, compliance programs, government data rights, and intellectual property issues.  She also represents contractors in bid protests before the U.S. Government Accountability Office and the U.S. Court of Federal Claims, and in connection with claims preparation and negotiation, terminations for convenience and default, and litigation of contract disputes before the courts and boards of contract appeals. 

Ms. Owren-Wiest is admitted to practice in the District of Columbia and the state of Washington, as well as in front of various federal courts.  She earned her J.D. from Willamette University College of Law and her B.S. from Minnesota State University.