High Tech Sector:
Automotive and Aerospace Subcommittee Present -
813 Panel Report Findings - Protecting Your Data & IP as a U.S. DOD Supplier
Thursday, March 21, 2019
4:00 pm - 5:00 pm Eastern Time
3:00 pm - 4:00 pm Central Time
2:00 pm- 3:00 pm Mountain Time
1:00 pm - 2:00 pm PacificTime
The Secretary of Defense created the Section 813 Panel at the behest of Congress to assess the technical data rights, requirements, restrictions, and regulatory mechanisms outlined in US Code Title 10, Sections 2320 and 2321 and associated regulations and policies for their compatibility with national economic and defense interests. The key issue in play is what is the appropriate balance between recognizing IP restrictions in rewarding and encouraging private investment in technologies needed by the warfighter, versus the Department’s need to reduce lifecycle costs and recognizing the taxpayer investment in military-unique technologies. The issue is significant and goes to the heart of the key IP held by providers of military systems for the US Government. The webinar will discuss the key findings of the 813 panel that have significant impact on the work of licensing professionals and data rights for all DOD contractors.
John Carney, LES Automotive and Aerospace Chair – HTS
James McEwen - Assistant General Counsel, Intellectual Property, Sikorsky, a Lockheed Martin Company
James McEwen is Assistant General Counsel, Intellectual Property, for Lockheed Martin Corporation. In this capacity, he focuses on complex IP procurement issues, and especially in the area of patent prosecution and transactional intellectual property licensing. In his transactional role, he works on international and Department of Defense IP licensing issues in prime OEM contracts for aircraft, aircraft components and subsystems, as well as negotiating the related IP provisions in agreements with the extensive multi-tier supply chain needed for Sikorsky to build and maintain the hardware and software on the aircraft.
Mr. McEwen recently finished serving as a Special Government Employee for the Government Industry Advisory Panel established under Section 813 of the 2016 NDAA, where he represented industry concerns with the current Intellectual Property rules related to technical data and computer software.
During his career, he was a Partner in a Washington DC patent boutique, and was a patent attorney in the Office of Counsel for Naval Surface Warfare Center, Carderock Division; and the Office of Counsel for Naval Air Systems Command.
Mr. McEwen is the former chair of the Intellectual Property Committee for the Aerospace Industries Association and is vice chair of the Intellectual Property Committee for the Public Contract Law Section of the American Bar Association, and he continues to work with these Committees to represent and inform members about IP issues affecting the aerospace industry with special emphasis on DoD procurement policies as it affects prime and suppliers directly or as part of the supply chain.
Mr. McEwen is also an author and lecturer of numerous articles on various intellectual property and licensing topics. Most recently, he is a recurring annual co-lecturer at the DC Bar course Preserving Intellectual Property Rights in Government Contracts Series: A Beginner’s Guide, and a coauthor of IP AND TECHNOLOGY IN GOVERNMENT CONTRACTS: PROCUREMENT AND PARTNERING AT THE STATE AND FEDERAL LEVEL (2019 EDITION), as well as its prior 4 editions.
Mr. McEwen is a graduate of University of Texas (B.S. ASE) and George Washington University Law School (JD) with honors.
Kelly Kyes-Senior Policy Specialist, Boeing Corporation
Kelly Kyes is a senior intellectual property (IP) policy specialist for Boeing. Since 2011, she has represented Boeing on IP matters in aerospace and defense industry associations, such as the Aerospace Industries Association (AIA) IP committee, which she chaired in 2014-2015. Most recently, Kyes served as an industry member on the Government-Industry Advisory Panel on Technical Data Rights, established via Section 813 of the National Defense Authorization Act (NDAA) for 2016.
Kyes provides support on technical data rights and other IP matters across the Boeing enterprise. She is knowledgeable about commercial and defense operations, IP practices and topics unique to commercial derivative aircraft programs. She has authored and contributed to several industry proposals and comment letters on technical data rights policy, modular open system approach (MOSA) policy, and independent research and development policy, with the goal of balancing government and industry interests, incentivizing private investment and reducing the regulatory burden on the commercial supply chain.
Previously, Kyes led the development of IP strategies for Boeing Defense, Space & Security (BDS) and Boeing Research and Technology (BR&T) programs and new business pursuits. She joined Boeing in 2004 as a contracts specialist in BDS, where she focused on software licensing strategies for integrating commercial and open source software products into defense systems. Kyes holds a bachelor’s degree in communications from San Diego State University and a law degree from the University of San Diego School of Law. She is based in the Seattle area.
LES Members Price: FREE