“Whether the ASBCA erred in holding that DFARS 252.227-7013 precludes government contractors from marking technical data delivered to the Government in a manner that (a) recognizes the Government’s unlimited rights in the data, (b) does not restrict or impair the Government’s rights, and (c) restricts only the rights of third parties to use the data absent permission from the contractor or the Government.”
“[W]e reverse the Board’s denial of summary judgment with respect to the interpretation of Subsection 7013(f), we vacate the Board’s entry of final judgment, and we remand the case to the Board for further proceedings consistent with this opinion.”
