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PSC, U.S. Chamber join Boeing in intellectual property court fight

The Professional Services Council and the U.S. Chamber of Commerce are supporting Boeing in a legal battle over the protection of intellectual property.

Boeing is battling with the Air Force over acquisition regulations that the company argues potentially takes away its ability to protect its intellectual property.

The Armed Services Board of Contract Appeals ruled against Boeing and wouldn’t allow the company to mark what it delivered to the government with a legend giving notice to third parties that disclosure of the data required written permission.

The Air Force said that violated Defense Federal Acquisition Regulations that give the government unlimited rights to the technical data.

The board of contract appeals agreed and Boeing has taken the case to the Court of Appeals for the Federal Circuit.

In a friend of the court filing, PSC and the Chamber argue that the board of contract appeals ruling is “not sustainable" and violates the law establishing the DFARS rules. They argue that the regulations only apply to restricting government access, not third-party access.

They also cite several previous cases that support their position.

The court’s ruling could potentially impact a wide range of companies doing business with the government, which is why the two business groups said they needed to get involved.

Posted by Nick Wakeman on Jan 06, 2020 at 1:00 PM

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