Declaratory Relief Available For NAFI Contractor At Board
Client Alert | less than 1 min read | 05.26.04
In SUFI Network Services, Inc. (Apr. 22, 2004), the ASBCA held that, while it lacked Contract Disputes Act jurisdiction over the non-appropriated funds contract before it, it had jurisdiction to grant declaratory relief under its Charter if the circumstances warranted. The ASBCA then found that it made sense to exercise its declaratory jurisdiction in this case, because central questions of contract interpretation were involved, the contract had several years of performance remaining, and the Air Force actions might have a significant impact on the viability of the company.
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
