News & Analysis as of

Boeing DFARS

Dunlap Bennett & Ludwig PLLC

Restrictive Markings for Technical Data Deliverables Contained Within Legends May Differ For Government and Third Parties

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

Holland & Knight LLP

Federal Circuit Affirms Contractors’ Ownership Rights in Technical Data and Trade Secrets

Holland & Knight LLP on

When trade secrets and other intellectual property disputes arise involving federal government contractors, defendants often assert that the alleged trade secret or intellectual property belongs to the government as part of...more

Husch Blackwell LLP

How The Federal Circuit’s Boeing Decision Protects Contractor Ownership Of Technical Data

Husch Blackwell LLP on

The Federal Circuit’s recent decision in Boeing Co. v. Secretary of Air Force, 983 F.3d 1321 (Fed. Cir. 2020), provides some useful clarity on the contents of the restrictive markings and legends that contractors affix to the...more

Morgan Lewis

Federal Circuit Ruling Reinforces Technical Data Rights for Defense Contractors

Morgan Lewis on

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

Morrison & Foerster LLP - Federal Circuitry

The Federal Circuit, in Boeing, Backs Contractors' Proprietary Markings, but Leaves Open an Important Question on Scope

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

Morrison & Foerster LLP - Government...

The Federal Circuit, In Boeing, Backs Contractors’ Proprietary Markings, But Leaves Open An Important Question On Scope

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 Supplement...more

Bass, Berry & Sims PLC

Federal Circuit Confirms DoD Contractor’s Expanded Restrictions on Non-Government Parties Rights in Data

Bass, Berry & Sims PLC on

Last month, the U.S. Court of Appeals for the Federal Circuit’s (Federal Circuit) opinion in The Boeing Co. v. Secretary of the Air Force shed additional light on the technical data rights of contractors under defense...more

Pillsbury Winthrop Shaw Pittman LLP

Defense Contractors Have Some Leeway to Mark Noncommercial Technical Data to Restrict Rights of Non-Government Third Parties

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

McDermott Will & Emery

Government Contractors May Include Restrictive Markings on ‘Unlimited Rights’ Data

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

PilieroMazza PLLC

Third-Party Data-Rights Restrictions: Non-Conforming Legend? Not a Problem

PilieroMazza PLLC on

In federal contracting, the laws and regulations surrounding data rights and intellectual property (IP) rights can instill fear in many companies, especially small businesses. A misstep could have you assigning unlimited...more

Stinson - Government Contracting Matters

A Case for Protecting Data Rights – The Boeing Co. v. Secretary of the Air Force

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

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