Not All Information is “Technical Data”: The Court of Federal Claims Rebuffs DoD Efforts to Expand the DoD Data Rights Regime to Proprietary Supply Chain Information

Smith Pachter McWhorter – The Federal Acquisition Regulation and Defense Federal Acquisition Regulation Supplement provide complex, mutually exclusive frameworks for determining contractor and government intellectual property rights in “technical data.” The term “technical data” means recorded information of a scientific or technical nature relating to supplies procured by an agency.