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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 | 6 min read | 11.26.25

From ‘Second’ to ‘First:’ Federal Circuit Tackles Obvious Claim Errors

Patent claims must be clear and definite, as they set the boundaries of the patentee’s rights. Occasionally, however, claim language contains errors, such as typographical mistakes or incorrect numbering. Courts possess very limited authority to correct such errors. The United States Court of Appeals for the Federal Circuit has emphasized that judicial correction is appropriate only in rare circumstances, where (1) the error is evident from the face of the patent, and (2) the proposed correction is the sole reasonable interpretation in view of the claim language, specification, and prosecution history. See Group One, Ltd. v. Hallmark Cards, Inc., 407 F.3d 1297, 1303 (Fed. Cir. 2005) and Novo Indus., L.P. v. Micro Molds Corp., 350 F.3d 1348, 1357 (Fed. Cir. 2003)....