Locke Bell spoke to IP Law News about common concerns that the government is overreaching in its demands for increased rights in data under federal contracts.
“Contracting officials more often err on the side of amassing as much data as possible, with as many rights as possible, even if it’s not exactly clear how the agency ultimately will use those data,” Locke said. Although potential offerors can push back by filing pre-award bid protests, “it’s often very tough for a prospective offeror to come around to the idea of suing their would-be customer at the outset of a competition” even if a data provision is unreasonable, he said
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