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Government Contracts Intellectual Property: Contractors Beware, Stick to Prescribed Technical Data Marking Legends

Client Alert | 1 min read | 12.21.18

On November 28, 2018, the Armed Services Board of Contract Appeals held that certain unique technical data marking legends placed by The Boeing Company and one of its subcontractors on unlimited rights technical data delivered to the Air Force were nonconforming with the Defense Federal Acquisition Regulation Supplement (DFARS).

Under the terms of its contract with the Air Force, Boeing was required to deliver certain technical data to the government with unlimited rights. Boeing marked this technical data with unique marking legends, ostensibly to place third parties on notice that, even though the government had unlimited rights, no rights had been granted to third parties. The Air Force rejected the markings as non-conforming, maintaining that the only authorized legends are those found in DFARS 252.227-7013(f), which was incorporated in Boeing’s contract. Boeing argued that DFARS markings did not adequately protect the rights granted to it under the DFARS. In its decision, the board agreed with the Air Force and concluded that under the contract, the specific legends identified in the DFARS and a copyright notice “are the only permissible legends for limiting data rights and no other data rights legends are allowed.” In dicta, the Board also questioned whether the grant of unlimited rights waived Boeing’s trade secret protection of that data vis-à-vis third parties.

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Client Alert | 3 min read | 03.28.24

UK Government Seeks to Loosen Third Party Litigation Funding Regulation

On 19 March 2024, the Government followed through on a promise from the Ministry of Justice to introduce draft legislation to reverse the effect of  R (on the application of PACCAR Inc & Ors) v Competition Appeal Tribunal & Ors [2023] UKSC 28.  The effect of this ruling was discussed in our prior alert and follow on commentary discussing its effect on group competition litigation and initial government reform proposals. Should the bill pass, agreements to provide third party funding to litigation or advocacy services in England will no longer be required to comply with the Damages-Based Agreements Regulations 2013 (“DBA Regulations”) to be enforceable....