ASBCA Decision 60373 The Boeing Company (July 17, 2018)

Impact of development under Research OT (TIA) on data rights in subsequent FAR-based award. 

"Finally, as we grant Boeing's motion for summary judgment without reference to its arguments regarding government policy through DoDGARs we need not address the government's arguments in opposition (gov't opp'n at 23-24). However, we note that the DoDGARs' policy was to encourage the government to negotiate for data rights, and a failure by the Army to do so here is fatal to the Army's argument"