Crystal-Ball Jurisprudence Critiqued
Client Alert | 1 min read | 04.17.09
In the ABA's latest edition of the Public Contract Law Journal (Winter 2009), Crowell & Moring's Rick Claybrook suggests in his article, Please Check Your Crystal Ball at the Courtroom Door--A Call for the Judiciary in Bid Protest Actions to Let Agencies Do Their Job, that the CFC and Federal Circuit need to reanalyze their review and use of the prejudice standard in bid protest actions. He suggests that the courts usurp the procuring agency's function when they prognosticate what the agency will do upon remand of an illegal procurement and outlines a more deferential prejudice standard.
Insights
Client Alert | 3 min read | 04.23.24
The Federal Circuit’s recent decision in Luv n’ Care v. Laurain provides a cautionary tale for patentees. Disclosing prior art to the Patent and Trademark Office (PTO) is not enough to insulate against a finding of inequitable conduct, particularly where a patentee mischaracterizes that prior art and the PTO’s patentability determination may have differed had the patentee accurately described the prior art. Misconduct by the patentee during litigation can also lead to a finding of unclean hands that bars the patentee from relief for alleged infringement against the opposing party in that litigation.
Client Alert | 6 min read | 04.23.24
Client Alert | 3 min read | 04.22.24
Client Alert | 1 min read | 04.18.24
GSA Clarifies Permissibility of Upfront Payments for Software-as-a-Service Offerings
