Protestor Bags Redo and B&P Costs, Too
Client Alert | less than 1 min read | 10.15.08
In Alabama Aircraft Indus., Inc. v. U.S. (Oct. 7, 2008), the Court of Federal Claims disagreed with a prior protest denial by GAO by holding that the price realism evaluation of the Air Force's multiyear maintenance contract for its KC-135 fleet was fatally flawed because it relied on the unrealistic assumption of a non-aging fleet without adequately informing the offerors of that assumption. In addition to a ordering a complete resolicitation, Judge Lettow granted the protestor its bid and proposal costs "because of the lengthy process involved with the procurement."
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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
