A Day Early Is Too Late
Client Alert | less than 1 min read | 09.29.04
In Guam Shipyard [September 16, 2004], GAO held that a protest of the terms of an RFQ was untimely when it was transmitted to GAO the day before quotes were due, but that day was a federal holiday. GAO acknowledged that the protester had sent the protest to GAO on July 5 by both facsimile and e-mail, and that GAO had received both on that day; however, because documents are considered filed only on days when GAO is open for business, the protest was not deemed filed until 8:30 am on July 6 -- the same day, but several hours after, quotes were due in Japan.
Contacts
Insights
Client Alert | 2 min read | 11.14.25
Claim construction is a key stage of most patent litigations, where the court must decide the meaning of any disputed terms in the patent claims. Generally, claim terms are given their plain and ordinary meaning except under two circumstances: (1) when the patentee acts as its own lexicographer and sets out a definition for the term; and (2) when the patentee disavows the full scope of the term either in the specification or during prosecution. Thorner v. Sony Comput. Ent. Am. LLC, 669 F.3d 1362, 1365 (Fed. Cir. 2012). The Federal Circuit’s recent decision in Aortic Innovations LLC v. Edwards Lifesciences Corp. highlights that patentees can act as their own lexicographers through consistent, interchangeable usage of terms across the specification, effectively defining terms by implication.
Client Alert | 6 min read | 11.14.25
Microplastics Update: Regulatory and Litigation Developments in 2025
Client Alert | 6 min read | 11.13.25
