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Boeing received a contract from the Air Force to build 10 C-17 Cargo airplanes. The Government issued a change order to the contract to add an upward extension of the wings known as "winglets." These features provided a 10% increase in range with no other changes to the aircraft. The contract for the C-17 contained the Authorization and Consent clause, and the Patent Indemnity clause. The aircraft was on display at the Paris Air Show. Gulfstream Aircraft, who attended the show had developed the "winglets" for use on their aircraft, Gulfstream IV, and had a patent on the design. Gulfstream sent a letter to Boeing, declaring patent infringement, and demanded reimbursement for "winglets" used on the C-17. Boeing replied that Gulfstream should take up the matter with the Air Force since the contract gave them the authorization and consent to use any patented invention.

QUESTION:

1. Is Boeing's response valid?