CFC Faults GSA's False Statistical Precision In Major Evaluation
Client Alert | less than 1 min read | 03.10.08
In Serco Inc. v. United States (Mar. 5, 2008), Judge Allegra sustained protests brought by eight unsuccessful offerors for GSA's $50 billion government-wide acquisition contract for IT products and services after finding unequal treatment in the gathering of past performance information and flaws in the price evaluation and best value tradeoff analysis. Raising an issue never before considered in a bid protest, the court held that false statistical precision in the combined technical scores "intensified the need for the agency to make reasoned decisions considering price and, relatedly, best values."
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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.
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