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Technical Data Rights Decision Blurs Issues

November 21, 2005

In Night Vision Corp. v. U.S. (Oct. 24, 2005), the Court of Federal Claims held that the Air Force did not violate the technical data rights of the contractor by allowing another a subcontractor/competitor to inspect a prototype of the night vision goggles because the contractor "waived" any rights in the delivered prototype by failing to include a restrictive legend on the prototype itself. Due to this finding of waiver, the court found it unnecessary to determine what was really the central issue: whether a physical prototype itself could constitute "technical data," an issue of first impression according to the court.

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