Boeing Company v U. S., 2019-2147, December 21, 2020--Marking Unlimited Rights Data

This sort of falls in the "what happened" category, but Bob can move it to a more appropriate topic if he decides.

Anyhow, several years ago we had an extensive discussion about whether a contractor can put a proprietary legend on unlimited rights data. Part 1 is here: wifcon.com/arc/forum9a.htm and Part 2 is here: wifcon.com/arc/forum9b.htm . Even Prof. Nash weighed in. At times the discussion got quite heated, to say the least.

I won't say what side anyone was arguing, but the Fed Circuit has now spoken in a Boeing case issued on December 21. It said that a contractor can put a legend on unlimited rights data, as long as it is clear that it does not limit the government's rights. The decision is at http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/19-2147.OPINION.12-21-2020_1705433.pdf . No doubt the attorneys for Boeing benefitted from the arguments raised in that discussion.😉