Flawed Discussions Nixes Award
Client Alert | less than 1 min read | 06.11.12
In KPMG LLP (May 21, 2012), GAO sustained a challenge to CIA's conduct of discussions, finding the agency misleadingly informed KPMG that proposals should include resumes for all proposed personnel, yet the awardee proposed – and CIA accepted – only representative resumes, which allowed the awardee to offer a lower cost. GAO also found CIA's cost realism evaluation inadequate, stressing that CIA's evaluation documentation reflected "no meaningful consideration" of whether cost reductions associated with the awardee’s technical approach would actually occur.
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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.
Client Alert | 6 min read | 11.14.25
Microplastics Update: Regulatory and Litigation Developments in 2025
Client Alert | 6 min read | 11.13.25
