J.D., University of Virginia School of Law; Order of the Coif
B.E., summa cum laude, Vanderbilt University
Executive Editor, Virginia Sports and Entertainment Law Journal
Bar and Court Admissions
District of Columbia Bar
Supreme Court of the United States
U.S. Court of Appeals for the Federal Circuit
U.S. Court of Appeals for Veterans Claims
U.S. District Court for the District of Columbia
U.S. Court of Federal Claims
U.S. Patent and Trademark Office
Scott 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. Scott routinely represents clients in intellectual property disputes and negotiations with the government.
As the head of the Firm’s Patent Prosecution practice, Scott also represents clients before the United States Patent and Trademark Office, including the Patent Trial and Appeal Board.
A frequent speaker and author on intellectual property issues, Scott is the co-instructor of the Federal Publications Seminars Government Contract Intellectual Property Workshop and the co-author of a forthcoming desk reference on intellectual property in government contracts. He currently serves as a vice chair of the Intellectual Property Committee and as a co-chair of the Technology and Electronic Communications Committee of the American Bar Association's (ABA) Section of Public Contract Law.
Government Contracts Intellectual Property Matters
- Lead counsel for BAE Systems, Inc. in a patent infringement action in federal district court. Drafted and argued a dispositive motion that resulted in dismissal of the action against BAE Systems and two related actions. Lead counsel for BAE Systems in the plaintiff’s appeal of the dismissal to the Federal Circuit.
- Represents a Fortune 100 defense contractor in a patent infringement action at the Court of Federal Claims related to unmanned aerial systems. Successfully argued the authorization and consent aspects of a motion to stay a parallel district court infringement proceeding.
- Lead counsel for the patentee in a patent infringement action against the United States related to military training and simulation technology.
- Provides a wide range of intellectual property-related advice and strategic counseling to a Fortune 200 government contractor.
- Represents contractors in administrative claims for patent infringement submitted to the Department of Defense.
- Advises government contractors in connection with licensing their intellectual property to the government and each other under contracts, subcontracts, and other funding agreements.
- Provides advice related to the government’s rights in patents under the Bayh-Dole Act and its implementing regulations.
- Provides patent and data rights training to government contractors.
Patent Prosecution and Related Counseling
- Prosecutes key patent applications and provides related strategic counseling for a Fortune 500 medical device manufacturer.
- Represents a major wireless carrier in inter partes review proceedings.
- Provides patent prosecution, patent acquisition, and related strategic counseling services to Fingerprint Cards AB, a leading manufacturer of biometric recognition technologies.
- Prepares and prosecutes patent applications in a number of other fields, including fluid systems, aerospace and automotive technologies, computer hardware and software, wireless communications, data security, data privacy, and data analytics.
- Represents clients in appeals to the Patent Trial and Appeal Board.
- Performs validity, non-infringement, and freedom-to-operate analyses.
- Conducts intellectual property due diligence studies.
- Assists clients with intellectual property licensing and other transactions.
U.S. Army Judge Advocate General's (JAG) Corps (2002-Present)
- Professor (2006-2010, 2013-Present) and Vice Chair (2013-Present), Contract and Fiscal Law Department, The Judge Advocate General's Legal Center and School, Charlottesville, VA. Instructs in Fiscal Law and Government Contract Law, including courses on Intellectual Property in Government Contracts.
- Associate General Counsel/Brigade Judge Advocate, Uniformed Services University of the Health Sciences, Bethesda, MD (2010-2013)
- Assistant Counsel, Office of Chief Counsel, Headquarters, US Army Corps of Engineers, Washington, DC (2002-2005). Advised the Chief Counsel and command senior leadership in all aspects of intellectual property acquisition, management, and enforcement.
- American Bar Association (ABA)
- Section of Intellectual Property Law
- Vice Chair, Section of Public Contract Law, Intellectual Property Committee (2011-Present)
- American Intellectual Property Law Association (AIPLA)
- American Society of Mechanical Engineers (ASME)
- Federal Circuit Bar Association
- Society of American Military Engineers (SAME)
- Named one of DC's "Super Lawyers" for Intellectual Property by Super Lawyers magazine (2013, 2015-2016)
News & Insights
- May 11, 2016 | AlertProposed Rule Would Expand the Presumption of Development at Private Expense for Challenges to Restrictions on Commercial Item Technical Data
- April 4, 2016 | ArticleBiosimilar Development
- March 9-11, 2016 | Washington, DC | Speaking EngagementFederal Publications Seminars
- January 4, 2016 | ArticleMed Device Online
- November 12, 2015 | Washington, DC | SpeakerPatent Litigation in the New Era
- October 16, 2015 | Arlington, VA | Speaker2015 AIA/NDIA Technical Data Rights Forum
- September 21, 2015 | Alert
- August 26, 2015 | Online Webinar | Speaking EngagementBloomberg BNA
- April 23, 2015 | Press Release
- December 2014 | ArticleThe Government Made Me Do It: The Federal Circuit Expands the Reach of § 1498(a) to Protect Private Companies Performing “Quasi-Governmental Functions” from Traditional Patent Infringement LiabilityIntellectual Property Today
- October 28, 2014 | Press Release
- October 23, 2014 | ArticleThe Government Made Me Do It: The Federal Circuit Expands the Reach of § 1498(a) to Protect Private Companies Performing “Quasi-Governmental Functions” from Traditional Patent Infringement Liability
- September 10, 2014 | Media MentionBloomberg News
- July 29, 2014 | Media MentionForeign Policy
- June 17 - June 19, 2014 | San Diego, CA | InstructorFederal Publications Seminars
- June 2014 | ArticleIntellectual Property TodayBy Scott A. Felder, Brian H. Pandya
- April 29, 2014 | Newsletter
- March 4, 2014 | Washington, DC | InstructorFederal Publications Seminars
- December 2013 | ArticleSignificant Development Regarding Differential Pay for Federal Employees Mobilized Under “Voluntary” AuthorityService Members Law Center, Law Review 13160
- December 5, 2013 | Newsletter
- October 29, 2013 | ArticleLaw360By Scott A. Felder, Rachel K. Hunnicutt
- Summer 2013 | Newsletter
- May 23, 2013 | AlertDOD Publishes Final Rule on Government Support Contractor Access to Contractor Proprietary Technical Data & SoftwareBy Nicole J. Owren-Wiest, Scott A. Felder
- April 19, 2013 | Press Release
- May 4, 2012 | ArticleEn Banc Federal Circuit Decision Clarifies Contractor Immunity for Patent InfringementIntellectual Property Today
- April/May 2012 | ArticleExecutive Counsel
- March 15, 2012 | Newsletter
- March 15, 2012 | Newsletter
- January 20, 2012 | ArticleFirst-Inventor-to-File, or First-to-Disclose?-Understanding the America Invents ActBloomberg BNA's Patent, Trademark & Copyright JournalBy Scott A. Felder, Rachel K. Hunnicutt
- December 2011 | ArticleThe Metropolitan Corporate Counsel Vol. 19, No. 12By James H. Wallace, Jr., Scott A. Felder
- November 17, 2011 | Charlottesville, VA | SpeakerYear in Review: Intellectual Property in Government ContractsContract & Fiscal Law Symposium, The Judge Advocate General's Legal Center & School
- November 2, 2011 | ArticleBankruptcy Law360
- October 25, 2011 | ArticleFinal Rule on DFARS Data Rights Requirements and Procedures Continues Trend Toward Expanded Government RightsBNA Federal Contracts ReportBy Nicole J. Owren-Wiest, Scott A. Felder
- September 16, 2011 | College Park, MD | SpeakerIntellectual Property for StartupsUniversity of Maryland A.J. Clark School of Engineering
- June 8, 2011 | AlertSupreme Court Holds Bayh-Dole Act Does Not Automatically Vest Patent Rights in Federally Funded Inventions to Federal ContractorsBy Scott A. Felder, Brian Walsh
- March 3, 2011 | Charlottesville, VA | SpeakerIntellectual Property in Government ContractsJudge Advocate Graduate Course: The Judge Advocate General's Legal Center and School
- December 29, 2010 | Press Release