Practices  |  Government Contracts

Patent and Data Rights Counseling and Disputes


Wiley Rein’s Government Contracts attorneys are experts on the unique rules and contract clauses that provide the framework for the government’s rights in contractor intellectual property under government contracts, grants, cooperative agreements, cooperative research and development agreements (CRADAs), technology investment agreements (TIAs), and Other Transaction Agreements (OTAs). Our Government Contracts attorneys are supported by skilled attorneys in our Intellectual PropertyCorporate, and Technology practices, who have a wealth of expertise in dealing with high-profile and complex intellectual property matters, from negotiating licenses and other technology transfer agreements to litigating intellectual property disputes. 

Representative experience includes:

  • Assisting government contractors in the acquisition, protection, management, and enforcement of their intellectual property rights, including classified patent applications.
  • Advising clients on the government’s patent rights and rights in technical data and computer software, and providing strategies to help contractors maximize the protection of their intellectual property rights when doing business with the federal government.
  • Conducting internal audits and reviews of contractors’ policies and procedures for protecting and maximizing the value of their intellectual property.
  • Drafting and negotiating licenses and other intellectual property agreements, including specially negotiated licenses and other agreements with the government and between private parties.
  • Advising clients with respect to intellectual property portfolios in connection with the acquisition and sale of government contractors.
  • Representing contractors in connection with pre-challenge requests for information to validate contractor data rights assertions and formal Contracting Officer challenges under FAR 52.227-14, DFARS 252.227-7019, and DFARS 252.227-7037.
  • Representing contractors in patent and data rights related Contract Disputes Act claims at the Boards of Contract Appeals and the U.S. Court of Federal Claims, including winning summary judgment that software development costs charged to a technology investment agreement constitute “private expense” permitting a contractor to assert that the resultant software is subject to restricted rights. See The Boeing Company, ASBCA 60373, July 17, 2018.
  • Representing government contractors in administrative claims for patent and copyright infringement, patent infringement suits under 28 U.S.C. § 1498(a), copyright infringement suits under 28 U.S.C. § 1498(b), parallel actions in United States district courts, and related appeals to the Federal Circuit.
  • Representing clients in disputes with competitors, in both federal and state court, involving theft or misuse of trade secrets, unfair competition, and violations of the Procurement Integrity Act.
  • Assisting clients in protecting against the improper release of proprietary information under the Freedom of Information Act (FOIA), including “reverse-FOIA” actions.
  • Training contractor personnel on the unique Federal Acquisition Regulation (FAR), Defense Federal Acquisition Regulation Supplement (DFARS), and other supplemental agency regulations that relate to the treatment of intellectual property under government contracts, including how rights in patents, technical data, and computer software are determined and allocated, and how to spot “red flags” in solicitations and subcontract agreements.

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Scott A. Felder
202.719.7029 |

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