Boeing Federal Circuit Appeal on Technical Data Rights Dispute

Boeing Co. v. Secretary of the Air Force involved a dispute over proprietary markings placed on technical data delivered under Air Force contracts. Boeing challenged the Armed Services Board of Contract Appeals’ interpretation of DFARS provisions governing legends that restrict government rights in noncommercial technical data.

The Federal Circuit concluded that the relevant DFARS marking provision governed legends that restrict government rights and did not expressly regulate markings directed solely at third-party access. The court reversed and vacated the Board’s judgment and remanded for further proceedings concerning whether Boeing’s markings might nevertheless restrict government rights. The ruling provides guidance for contractors managing technical-data markings and proprietary interests in federal contracts.

Original article:https://www.whitcomblawpc.com/business-law-blog/boeing-federal-circuit-appeal-on-technical-data-rights-dispute