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The Masters Institute in Government Contract Intellectual Property is a 3-day comprehensive advanced course on everything IP in government contracts. Taught by the industry's leading practitioners, this informative program will include interactive dialogue and discussion, keeping you engaged in the subject.

This fast paced program will cover all areas of intellectual property and the latest cases, issues and challenges faced by contractors. 

As the complexity of technology, fierceness of competition, plus the concerns of secure technology and trade secrets grows, this class will help equip you with knowledge to take back to your organization and recognize issues and challenges faced in your IP strategy.

Join outstanding, highly experienced faculty from Crowell & Moring LLP, Morrison & Foerster LLP, and Sheppard, Mullin, Richter & Hampton LLP.
Dates and Locations

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Course Agenda
DAILY SCHEDULE
8:00 AM - 3:00 PM
La Jolla, CA and Hilton Head, SC Locations
9:00 AM - 4:00 PM
All Other Locations

DAY 1   ( Jay Devecchio)

8:00 – 9:00 AM Registration  

9:00 – 12:00 PM 1.  Introduction to Intellectual Property

(1-15 minute break)     

             a. Trade Secrets

    b. Patents  

    c. Copyrights 

2.Computer Software

        a.IP Rights in Agencies

        b.DFARs Regulations

        c.FAR Regulations

3.Delivery under the Contract

a.Contract Data Requirements (CDRL)

b.Data Accession List (DAL)

4. Rights of IP

a. Government Rights

b. Prime Contractor Rights

                        c. Unlimited Rights

d. Limited Rights

e. Restricted Rights

f. Government Purpose Rights (GPR)

12:00 – 1:00 PM Lunch Break

1:00 – 4:00 PM

1.  Development

(one 15 minute break)

       a. Segregated Development

       b. Improvements vs Development

2.Private vs Government Expenses

a.  Indirect vs Direct Funding

b.  IR & D Expense

c.  Pre & Post Development Documentation

3. Marking Data at DoD

4. FAR Marking

5. Commercial Software

a..Department of Defense

b. Civilian Agencies

6. Other Considerations

a. Proposal Markings

b. IP Disclosures in Proposals

c. Commercial Item (FAR Part 12)

d. Patents : Subject Invention

7.  Summary  

DAY 2         (Louis Victorino)                 

8:00 – 9:00 AM            Registration  

9:00 – 12:00 

A. RIGHTS IN TECHNICAL DATA AND PATENTS

1. Sources for Protecting IP

      d.Acts

      e.FAR/DFARs/DEAR/NSF

      f.UTSA – State Uniform Trade Secrets Act

      g.Penalties

2.Patents

      a.Relationship between Patent & Trade Secret

3.Copyrights

4.FAR System Patent Rights Coverage

      a.Pre-FAR Policies

      b.FAR/DFARs Patent Rights Principles

5.Govt/Contractor Joint Inventions

      a.Background Patent

      b.Rights

      c.Administration Principles

      d.Procedures

      e.Issues posed by FAR/DFARs Clause

6.Inventions Subject to Patent Rights Clause

      a.Definition of Subject Invention

7.DoE Patent Rights Clause

8.NASA Patent Rights Clause

9.Patent & Copyright Infringement

10.Recent Developments

12:00 – 1:00 PM  LUNCH

1:00 – 4:00  

B.NEW DEVELOPMENSTS IN RIGHTS IN TECHNICAL DATA

1. Overview

      a.Legislation

      b.Regulations

      c.Policies

2.Segregation & Reintegration

3.Deferred Ordering

4.Challenging Data Rights

5.DFARS Rules

      a.Background

      b.Clauses

      c.Changes to Clauses

d.Additional Protections

6.Guidelines for Creating & Maintaining a  Competitive Environment for Supplies and Services in the DoD

      a.Background

      b.Open Systems

      c.IP Strategy

7.DoD Open Systems Architecture Contract Guidebook for Program Managers

      a.Background

      b. Fundamental Principles

      c.Model Contract Clauses

      d.Model Instructions to Offerors

      e.Model Evaluation Factor

      f.Other Model Factors

8.Better Buying Power 3.0

      a.Concept

      b.Sources of Expenditures

      c. Stipulating Rights by Fiat

      d.Data Rights as an Evaluation Factor

      e.Broad Challenges to Rights Assertions

      f.Misuse of Data Accession List

DAY 3       (John McCarthy & Jonathan Baker)                 

8:00 – 9:00 AM            Registration  

9:00 – 12:00  

A. Federal IP in Other than Procurement Contracts

1. Technology Transfer

       a.Definition

       b.Mechanisms

       c.IP In Public Domain

       d.IP Infringement

2.CRADAS

       a.History Until 1986

       b.History Since 1986

       c.CRADA Defined

       d.Issues with IP in CRADAs

       e.CRADA Responsibilities

3.Other Transaction Agreements

       a.Definition and History

       b.Inapplicable Statutes  

       c.Guidance

LUNCH

12:00 – 1:00 PM

1:00 – 4:00  

4.Grants

a. Definition

b. Copyright

c. Patents

d. FOIA and Grants

5.  Miscellaneous Issues

a. Data Rights

        b. CRADA Format

        c. Disputes

        d. Applicable Laws

        e. Liability

        f. Indemnification

        g. Statement of Work (SOWs)      

        h. Lab’s use of In-house/outside contractors for CRADA work

i. Reimbursement

        j. Collaboration

6.   Current IP Issues

7.  BBP 3.0

8.  Other Issues and Recap

INDUSTRY-LEADING FACULTY
John E. McCarthy, Jr.
John E. McCarthy, Jr. is a partner in the Washington, D.C. office of Crowell & Moring and member of the Steering Committee for the firm's Government Contracts Group. John has spent more than twenty years litigating all forms of government contracts cases for both large and small government contractors, with a particular emphasis on bid protests. Because of John's strong engineering background, he has particular experience in technology related issues, including litigation regarding complex technology and data rights, patent and other intellectual property issues.

John has litigated hundreds of bid protests at the U.S. Government Accountability Office, the U.S. Court of Federal Claims, the Small Business Administration, and other U.S. government agencies as well as numerous state and local forums. John has also litigated and provided counseling on the full range of government contracts issues, including contract formation, organizational conflict of interest, patent and data rights, small business and other socioeconomic concerns, contract claims, prime/sub disputes, M&A transactions involving government contractors, as well as foreign participation in U.S. Government procurement. John has also provided counseling and defended clients in connection with allegations of fraud and false claims, including actual or threatened suspension/debarment and qui tam litigation.

Keith R. Szeliga
Keith R. Szeliga is a partner and Co-Practice Group Leader in the Government Contracts, Investigations, and International Trade Group in Sheppard Mullin’s Washington, D.C. office.  Mr. Szeliga represents clients ranging from small businesses to the nation's largest defense contractors in a broad range of government contracts matters. His practice includes bid protests, compliance reviews and counseling, audits and investigations, mergers and acquisitions, subcontracts and teaming agreements, and claims and appeals.  
Mr. Szeliga advises clients regarding the full spectrum of statutes and regulations applicable to government contractors.  With regard to government contracts intellectual property in particular, his experience includes counseling clients regarding standard intellectual property clauses, negotiating licenses, customizing end user license agreements, developing intellectual property protection strategies, implementing policies and procedures, conducting internal reviews, and supporting claims.  Mr. Szeliga also has specialized expertise in the areas of government contracts cost and pricing, ethics and compliance, personal and organizational conflicts of interest, revolving door restrictions, mandatory disclosures, and small business issues relevant to mergers and acquisitions.  Mr. Szeliga publishes and lectures frequently on these and other topics of interest to the government contracts community. His full bio and publications are available at http://www.sheppardmullin.com/kszeliga.
Louis D. Victorino
Louis D. Victorino practices law in the Washington, D.C. office of Sheppard Mullin Richter & Hampton LLP. Mr. Victorino's practice involves both counseling and litigation in the Public Contract Law field, representing domestic and foreign concerns that sell products or services to Federal, State, or local government agencies. In his 38 year career, he has litigated in excess of forty matters before the Court of Federal Claims, the Boards of Contract Appeals, the Comptroller General, as well as various state and Federal District Courts. He is admitted to the bars of the District of Columbia, California, U.S. Court of Federal Claims, and the Federal District Courts for the Northern and Central Districts of California, Colorado, Idaho, Michigan, Rhode Island, and Washington. Mr. Victorino is a graduate of Stanford University and the UCLA School of Law, where he was an Associate Editor of the UCLA Law Review. He is an author and lecturer on Government Contracts Law
W. Jay DeVecchio
W. Jay DeVecchio is a litigator and Co-Chair of Morrison & Foerster’s Government Contracts and Public Procurement practice. Clients from the aerospace, technology, and health care sectors seek his representation in all facets of government procurement law, from bid protests to complex claims and disputes through suspension and debarment. He also represents clients in related issues such as criminal and civil fraud, qui  tam actions, and internal investigations.

Education:
Duke University 
(B.A., 1974, cum laude) 
The Catholic University School of Law 
(J.D., 1978) 
MEET YOUR CONTINUING EDUCATION CREDIT REQUIREMENTS
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Certificates of Completion are provided to all seminar participants who attend Federal Publications Seminars courses following the event, upon request.
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All Federal Publications Seminars courses meet the course requirements of the National Contract Management Association’s certification programs. We are a proud Education Partner of the NCMA.
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Federal Publications Seminars is part of West Professional Development, which is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have the final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.learningmarket.org.
CPE HOURS
This Program is eligible for: 19.50 (CPE) hours of credit
Program Level: N/A
Program Prerequisite: N/A
Advance Preparation: N/A
Method: N/A
CLP: CONTINUOUS LEARNING POINTS
APPROVED FOR CLP BY
DEFENSE ACQUISITION UNIVERSITY
Defense Acquisition Workforce members must acquire 80 Continuous Learning Points (CLP) every two years from the date of entry into the acquisition workforce for as long as the member remains in an acquisition position per DoD Instruction 5000.66. We will provide you with documentation of points awarded for completing the event.
CLP HOURS
This Program is eligible for: 17.00 (CLP) hours of credit
CLE: CONTINUING LEGAL EDUCATION
States have widely varying regulations regarding MCLE credit. LegalEdcenter is an approved provider in AL, AK, AR, CA, GA, IL, ME, MO, MS, NC, ND, NE, NH, NJ, NM, NV, NY, OH, OK, PA, RI, SC, TN, TX, UT, VA, VI, VT, WA, WI, and WV. Credit may be applied for in other jurisdictions on request and in accordance with state MCLE rules.
** Please note that because some states are changing their policy on CLE reporting, you will need to fill out the request for credit from Federal Publications Seminars within 10 business days, or we may not be able to issue credits for the program.
CLE HOURS
This Program is eligible for: 16.50 (60 minutes),
100
Basic or fundamental subject matter is covered. Courses are geared to general knowledge or can be taken as a refresher.
200
Specific topics or issues within a topic area are covered. Students should be familiar with terms of art and general concepts concerning the course topic.
300
Workshops and class discussions cover specific subject matter in-depth, and participation is strongly encouraged. Attendees should have at least 2-3 years' experience in the area of study.
400
Courses build upon students' knowledge and experience, and cover complex issues within the subject matter. Should have 4-5 years' mastery of subject for in-depth analysis.
500
Masters-level programs designed for professionals with 5+ years' experience. Courses cover in-depth and technical analysis on specific subjects and updates on current issues.
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The Masters Institute in Government Contract Intellectual Property
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