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 Fourth and Federal Circuits
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 helps clients identify, protect, manage, and enforce their 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, defense, and intelligence 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. He currently serves as a co-chair of the Intellectual Property and Technology Committee of the American Bar Association’s (ABA) Section of Public Contract Law.
Patent and Data Rights Counseling and Disputes
- Won summary judgment at the Armed Services Board of Contract Appeals 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.
- Represents a Fortune 100 government contractor in patent infringement actions at the U.S. Court of Federal Claims related to laser-marked identification cards and video surveillance.
- Represented 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.
- Won dismissal with prejudice of a patent infringement suit against BAE Systems, Inc., in federal district court on the basis that the alleged infringement was subject to 28 U.S.C. § 1498(a). The Federal Circuit affirmed the dismissal, and the district court awarded BAE Systems attorneys’ fees under 35 U.S.C. § 285.
- Lead counsel for the patentee in a patent infringement action against the United States related to military training and simulation technology, resulting in a $2.1 million judgment against the United States.
- Advises nontraditional defense contractors in connection with their public sector businesses.
- Represents contractors in administrative claims for patent and copyright infringement submitted to the U.S. Department of Defense as well as in patent and copyright infringement litigation at the Court of Federal Claims.
- Represents contractors in pre-challenge requests for information to validate their data rights assertions, formal challenges under the Federal Acquisition Regulation and the Defense Federal Acquisition Regulation Supplement, and in appeals of contracting officer final decisions.
- Advises government contractors in connection with licensing their intellectual property to the government under contracts, grants, cooperative agreements, Other Transaction Agreements (OTAs), cooperative research and development agreements (CRADAs), and technology investment agreements (TIAs).
- Provides advice related to the government’s rights in inventions and 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 to a Fortune 150 medical device manufacturer.
- Prepares and prosecutes patent applications in several fields, including fluid systems, aerospace and automotive technologies, computer hardware and software, wireless communications, data security, data privacy, and data analytics.
- Represents clients in inter partes review proceedings before the Patent Trial and Appeal Board, including filing dozens of petitions to advance litigation-related goals.
- Performs validity, non-infringement, and freedom-to-operate analyses.
- Conducts intellectual property due diligence studies, including in connection with the acquisition and sale of government contractors.
- Assists clients with intellectual property licensing and other transactions.
U.S. Army Judge Advocate General's (JAG) Corps (2002-Present)
- Group Judge Advocate, 648th Regional Support Group, St. Louis, MO. Serve as general counsel to a 1,200-person unit within the Military Intelligence Readiness Command.
- Assistant Executive Officer, Office of the Judge Advocate General, The Pentagon (2016-2018). Assisted the Executive Officer, the Judge Advocate General, and the Deputy Judge Advocate General in managing a Department of the Army Headquarters staff agency providing legal support to the Army Staff and Secretariat.
- Professor (2006-2010, 2013-2016) and Vice Chair (2013-2016), Contract and Fiscal Law Department, The Judge Advocate General’s Legal Center and School, Charlottesville, VA. Instructed 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, U.S. 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
- Section of Public Contract Law
- 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, 2015-2018)
News & Insights
- November 14, 2019 | Washington, DC | SPEAKING ENGAGEMENT30th Annual Judicial ConferenceThe United States Court of Federal ClaimsScott A. Felder, Speaker
- September 13, 2019 | San Francisco, CA | SPEAKING ENGAGEMENTUncle Sam Wants Your Innovations, Not Your IP: Strategies for Protecting a Startup's IP Under Federal Funding AgreementsInternational Startup and Emerging Companies Forum: Pushing the BoundariesScott A. Felder, Speaker
- August 30, 2019 | Webinar | SPEAKING ENGAGEMENTLorman Education Services WebinarScott A. Felder, Speaker
- August 16, 2019 | Webinar | SPEAKING ENGAGEMENTLorman Education Services WebinarScott A. Felder, Speaker
- July 9, 2019 | Washington, DC | SPEAKING ENGAGEMENTPerformance and Pitfalls of Research & Development GrantsAmerican Bar Association - Public Contract Law CommitteesScott A. Felder, Panelists, Brian Walsh, Moderator
- June 12, 2019 | ARTICLELaw360Scott A. Felder, Alexander B. Owczarczak
- June 10-12, 2019 | Boston, MA | SPEAKING ENGAGEMENTFederal Publications SeminarsScott A. Felder, Speaker
- March 13, 2019 | Annapolis, MD | SPEAKING ENGAGEMENTData Rights: Legal Strategies for Markings, Assertions, and Defending Against a Government ChallengeABA Section of Public Contract Law: Annual Federal Procurement InstituteScott A. Felder, Panelist
- February 28, 2019 | McLean, VA | SPEAKING ENGAGEMENTAssociation of Corporate Counsel National Capital RegionScott A. Felder, Speaker, Kara M. Sacilotto, Moderator
- May 10, 2018 | Portland, ME | SPEAKING ENGAGEMENTResearch Integrity SymposiumScott A. Felder, Speaker
- February 2018 | ARTICLEWiley Rein's Government Contracts SBIR SeriesScott A. Felder
- December 14, 2017 | Huntsville, AL | SPEAKING ENGAGEMENTFederal Bar AssociationScott A. Felder, Speaker
- December 1, 2017 | SPEAKING ENGAGEMENTAmerican Bar AssociationScott A. Felder, Moderator
- November 6-7, 2017 | Arlington, VA | SPEAKING ENGAGEMENTFederal Publications SeminarsScott A. Felder, Speaker
- June 5-7, 2017 | Boston, MA | SPEAKING ENGAGEMENTFederal Publications SeminarsScott A. Felder
- November 14-16, 2016 | San Diego, CA | SPEAKING ENGAGEMENTFederal Publications SeminarsScott A. Felder
- November 7, 2016 | ALERTScott A. Felder, Gary S. Ward
- August 9, 2016 | ALERTMoshe B. Broder, Scott A. Felder
- June 17, 2016 | ALERTScott A. Felder
- June 13, 2016 | Denver, CO | SPEAKING ENGAGEMENTThe Government Contract Intellectual Property WorkshopFederal Publications SeminarsScott A. Felder
- May 11, 2016 | ALERTProposed Rule Would Expand the Presumption of Development at Private Expense for Challenges to Restrictions on Commercial Item Technical DataScott A. Felder
- April 4, 2016 | ARTICLEBiosimilar DevelopmentScott A. Felder
- March 9-11, 2016 | Washington, DC | SPEAKING ENGAGEMENTFederal Publications SeminarsScott A. Felder
- January 4, 2016 | ARTICLEMed Device OnlineScott A. Felder
- November 12, 2015 | Washington, DC | SPEAKING ENGAGEMENTInterplay of PTAB and District CourtPatent Litigation in the New EraScott A. Felder, Speaker
- October 16, 2015 | Arlington, VA | SPEAKING ENGAGEMENTInnovation, Competition and the Future of the Defense Industrial Base2015 AIA/NDIA Technical Data Rights ForumScott A. Felder, Speaker
- September 21, 2015 | ALERTScott A. Felder
- August 26, 2015 | Online Webinar | SPEAKING ENGAGEMENTBloomberg BNAScott A. Felder
- 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 TodayScott A. Felder
- 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 LiabilityScott A. Felder
- September 10, 2014 | MEDIA MENTIONBloomberg News
- July 29, 2014 | MEDIA MENTIONForeign Policy
- June 17 - June 19, 2014 | San Diego, CA | SPEAKING ENGAGEMENTFederal Publications SeminarsScott A. Felder, Instructor
- June 2014 | ARTICLEIntellectual Property TodayScott A. Felder
- April 29, 2014 | NEWSLETTER
- March 4, 2014 | Washington, DC | SPEAKING ENGAGEMENTFederal Publications SeminarsScott A. Felder, Instructor
- December 2013 | ARTICLESignificant Development Regarding Differential Pay for Federal Employees Mobilized Under “Voluntary” AuthorityService Members Law Center, Law Review 13160Scott A. Felder, Adrienne J. Kosak
- December 5, 2013 | NEWSLETTER
- October 29, 2013 | ARTICLELaw360Scott A. Felder
- Summer 2013 | NEWSLETTER
- May 23, 2013 | ALERTDOD Publishes Final Rule on Government Support Contractor Access to Contractor Proprietary Technical Data & SoftwareScott A. Felder
- April 19, 2013 | PRESS RELEASE
- May 4, 2012 | ARTICLEEn Banc Federal Circuit Decision Clarifies Contractor Immunity for Patent InfringementIntellectual Property TodayScott A. Felder
- April/May 2012 | ARTICLEExecutive CounselScott A. Felder
- 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 JournalScott A. Felder
- December 2011 | ARTICLEThe Metropolitan Corporate Counsel Vol. 19, No. 12Scott A. Felder
- November 17, 2011 | Charlottesville, VA | SPEAKING ENGAGEMENTYear in Review: Intellectual Property in Government ContractsContract & Fiscal Law Symposium, The Judge Advocate General's Legal Center & SchoolScott A. Felder, Speaker
- November 2, 2011 | ARTICLEBankruptcy Law360Scott A. Felder
- October 25, 2011 | ARTICLEFinal Rule on DFARS Data Rights Requirements and Procedures Continues Trend Toward Expanded Government RightsBNA Federal Contracts ReportScott A. Felder
- September 16, 2011 | College Park, MD | SPEAKING ENGAGEMENTIntellectual Property for StartupsUniversity of Maryland A.J. Clark School of EngineeringScott A. Felder, Speaker
- June 8, 2011 | ALERTSupreme Court Holds Bayh-Dole Act Does Not Automatically Vest Patent Rights in Federally Funded Inventions to Federal ContractorsScott A. Felder, Brian Walsh
- March 3, 2011 | Charlottesville, VA | SPEAKING ENGAGEMENTIntellectual Property in Government ContractsJudge Advocate Graduate Course: The Judge Advocate General's Legal Center and SchoolScott A. Felder, Speaker
- December 29, 2010 | PRESS RELEASE