Board Unable to Resolve Data Rights Conflict Without Better Understanding of Rights in Contention; ASBCA Nos. 61387, Appeals of The Boeing Company

Motion for summary judgment seeking the board’s interpretation of contractual data rights clauses is denied, where the appellant clearly proposed to use data rights legends that did not comport with those mandated by the contract clause, but the board could not conclude whether the government was meeting its obligation to protect the appellant’s rights.