Federal Circuit Holds Marking Data to Restrict Nongovernment Third Parties’ Data Rights May Be Permissible Under the DFARS

Smith Pachter McWhorter – Historically, the U.S. Government has taken that position that with few exceptions, the DFARS prohibits contractors from including any legends on technical data restricting rights in such data except for those legends expressly identified by the regulations. On December 21, 2020, the Federal Circuit in The Boeing Company v. Secretary of […]
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