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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 | 3 min read | 05.26.26

pH, Prosecution History Estoppel, and Patent Scope: Three Lessons from the Federal Circuit's Latest Hatch-Waxman Ruling

On May 13, 2026, the U.S. Court of Appeals for the Federal Circuit affirmed a district court judgment of no infringement in Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc., No. 24-1641. The decision offers important guidance for patent holders and generic manufacturers on the role of industry standards in interpreting scientific terminology during claim construction, prosecution history estoppel, and the disclosure-dedication rule....