DAU Lunch and Learn 27 Feb 2019 Presenters: Julie Pound, Tim Fouts… IP... · 2019-02-25 ·...

DAU Lunch and Learn27 Feb 2019Presenters: Julie Pound, Tim Fouts, & Jim McEwen (Lockheed Martin Corp.)

Intellectual Property & Data Rights: An Industry Perspective

Agenda

• Introductions

• Background

• Approach

• Government & Industry Ongoing Collaboration

• Section 813 Panel Issues & Recommendations

• Future Opportunity

• Digital Transformation Strategy / Enablers

• Summary

Introductions

MODERATOR

Mr. Darren Rhyne

Professor of Systems Engineering Management

DAU Capital & Northeast Region

Engineering & Technology Department

IP & Data Rights: Industry PerspectiveDAU Lunch & Learn Webcast – 27 February 2019

Cleared for Public Release (PIRA#EIS201902012)

4© 2019 Lockheed Martin Corporation

Julie PoundVice President

Corporate Business [email protected]

Industry Representatives

Tim FoutsDirector

Enterprise [email protected]

James McEwenAssistant General Counsel

Intellectual [email protected]




Disclaimer

Non-attribution policy for presenters and audience

The views expressed in this seminar are the personal views of the presenters/authors, and are not the views of the presenters’/authors’ employers or former employers




“Poor acquisition outcomes are forfeiting U.S. technology advantages & depriving the nation of

strategic capabilities…The acquisition system & culture must adapt to the reality that hardware & software

systems must change on a frequent basis to meet warfighter needs, adapting to the speed of relevance.”

General James MattisJanuary 2017

Ellen LordDecember 2018

“From an industry perspective, we are trying to be consistent across all the services and agencies, so that we don’t have different requirements for similar needs… We’d like to have the same kind of contract language that can be tailored to individual needs, but basically have consistent language.”




Data Rights & Intellectual Property Dilemma

Increase operational flexibility, & interoperability

Reduce lifecycle cost

Assure readiness and cyber resilience

Eliminate Vendor Lock

Support system readiness & assure platform

effectiveness

Manage Supply Chain

Preserve Competitive Environment

A&D Industry PerspectiveCustomer Perspective

SHARED GOAL ASSURE OPERATORS,

SUSTAINERS & WARFIGHTERS

- GET WHAT THEY NEED- WHEN THEY NEED IT

- AT THE BEST TOTAL COST

Data Rights Intellectual Property




Approach

• Shifting acquisition practices create uncertainty

• RFP Surprises

• Contracting disconnects

• Future degradation of competition across industry

Challenges

• Government/Industry Working Groups

• Bar Association

• Forums

Collaborative Actions

• Recognize opportunity provided by digital technology, MOSA, new operating CONOPS

• New methods needed to enable agile acquisition, contracting, business models and delivery mechanisms

Future Opportunity




Collaborative Actions• Participating in Panels and Working Groups

• 813 Panel• Defense Innovation Board• Additive Manufacturing Working Group• Data Rights working groups at buying commands• OSD Digital Engineering Working Group

• Creating opportunities for Dialogue• AIA/NDIA Technical Data Rights Forum• American Bar Association PCL IP monthly calls

• Providing feedback on regulations and policies• Industry groups commenting on regulations, policies, guidebooks, and Panels (813 and 809)

• Aerospace Industries Association (AIA); National Defense Industrial Association (NDIA); Council of Defense and Space Industry Associations (CODSIA)

• Joint training sessions• DAU, American Bar Association (ABA), The Judge Advocate General's Legal Center and School (TJAGLCS),

District of Columbia Bar




Sec. 813 Panel Recommendations on Path ForwardCharter

Panel composed of Government and Industry representatives

Required to “give appropriate consideration” to following factors:

1. DoD pays once

2. Contractors are appropriately rewarded for innovation

3. Cost-effective reprocurement, sustainment, modification, and upgrades

4. Encourage relevant private sector investment

5. DoD access to innovations developed by private sector for commercial use

6. DoD data rights necessary to support the modular open system architecture (added in FY2017 NDAA)

Section 813 of the FY2016

National Defense Authorization Act

(NDAA) directed the DOD to

establish an advisory panel for the

purpose of reviewing and offering

recommendations for how to

improve technical data rights

regulations and statutes.




Sec. 813 Panel Report on Technical Data RightsLandscape

Recommendations based on testimony and organized in tension points for identified conflicts

• Between existing law/regulation, and a desired state

• Between Industry and Government

• Between Industry and Industry

• Component OEMs versus service repair and spares contractors

• Between contractors at different tiers of the supply chain

• Between Government and Government

• R&D versus Acquisition versus upgrades versus Sustainment

• Need for data versus needs for competition




Sec. 813 Panel Report on Technical Data Rights

Issue Recommendations

Proper data acquisition – too much or too little

Engage with industry early and often to get proposals on how to meet objectives; integrate into IP Strategy

Need to connect and communicate sustainment

models

Provide lifecycle sustainment plans early in prototype stage soindustry can adjust investment profile and business models

Failure to negotiate SNLs or other agreements – GPR is

wrong answer

Even Limited Rights are good for organic support; if increased rights are needed, get SNL proposals.

Need guidance on appropriate IP valuation and evaluation

Need to know when a TDP ROM (now statutorily required) is reasonable using common lexicon – LES creating standard

Resulting report generated 30 tension papers submitted to OSD and Armed Services Committees for consideration




Sec. 813 Panel Report on Technical Data Rights (cont.)

Issue Recommendations

Software maintenance needs policy and process

Need to incorporate business case analysis for software upgrades (i.e., maintenance); account for version control

Need more IP expertise Need people comfortable with negotiating (not purely lawyers)

Need new common definitions DIDs prevent paying twice; need new DIDs for MOSA/OSA

Local clauses driving costs H clauses drive tremendous cost into system; use DAR Case

Resulting report generated 30 tension papers submitted to OSD and Armed Services Committees for consideration




Future Opportunity

• Define Needs – Evolve over time

• Recognize future technology enables transparency

• Development, Production and O&S

• Digital Transformation Enablers:

• Cognitive Solutions

• Human / Machine Solutions

• Material Solutions

• Model Based Solutions

• Enterprise Data Strategy

• Integrated Environment

• Transformative Computing

Create flexible delivery Mechanisms

• What is needed?

• Who needs it?

• When is it needed?

• Where is it needed?

• How urgent is it?

• What is the risk profile?

• How much does it cost?




DoD Digital Transformation Strategy

• Transforms DoD contract data requirements list-based to model-based

• Guides detailed implementation for current development within the services

• Active industry participation in the OSD Digital Engineering Working Group

• Industry roadmaps and current investments must align to DoD strategic goals and focus areas




Digital Transformation Enablers

Enterprise Data StrategyInfrastructure for cross-organization data exchange

Cognitive SolutionsRevolutionize product delivery with

intelligent systems

Human / Machine SolutionsDeploy manufacturing and sustainment

digital capabilities

Material SolutionsTransform Materials Innovations into New

Capabilities (i.e. Additive Manufacturing)

Model Based SolutionsMultidisciplinary integration enabling rapid

design: cost reduction, producibility, O&S optimization

Integrated EnvironmentMove Data Seamlessly Through the Lifecycle (i.e. Software Factory)

Transformative ComputingEmerging Computational Paradigms to Accelerate Solutions




Technology Enabled Solution

Agile Acquisition Approach

New Contracting Mechanisms

Agile Business Models

New Delivery Mechanisms

A&D Industry PerspectiveCustomer PerspectiveData Rights Intellectual Property

Transparency

Speed

Readiness

CostTECHNOLOGY

AND IMPROVED CONOPS CAN BUILD THE BRIDGE

TO MEET OUR SHARED GOAL




Summary

• Continued collaboration is essential - we are in this together

• Substantial progress has been made through government/industry working groups

• Leveraging new technology and improved CONOPS is key to solution




Questions & Answers

DAU Lunch and Learn 27 Feb 2019 Presenters: Julie Pound, Tim Fouts… IP... · 2019-02-25 ·...

Documents

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