In late November 2022, the Armed Services Board of Contract Appeals (ASBCA) ruled that the U.S. Government can mount a validation challenge against proprietary markings on commercial data developed exclusively at private...more
The Defense Federal Acquisition Regulation Supplement (DFARS) implements strict requirements for marking proprietary technical data with an appropriate restrictive legend tailored to the non-commercial items delivered to the...more
The US Court of Appeals for the Federal Circuit last month reversed a decision by the Armed Services Board of Contract Appeals that rejected a contractor’s proposed document legends prohibiting unauthorized third-party use of...more
Federal contractors received some good news from the Federal Circuit this holiday season. The court held, in Boeing Co. v. Secretary of Air Force, that the Department of Defense (DoD) Federal Acquisition Regulation...more
The U.S. Court of Appeals for the Federal Circuit interprets DFARS technical data rights clause to allow contractors to mark technical data delivered to the government to restrict the rights of non-government third parties. ...more
The US Court of Appeals for the Federal Circuit reversed an Armed Services Board of Contract Appeals (ASBCA) denial of summary judgment and held that a federal contractor may include certain restrictive markings on “unlimited...more
The Government has many rules regarding the protection of data. Government contractors must understand these rules and the importance of timely and properly marking data that they own or develop in performance of a government...more