1. Home
  2. |Insights
  3. |TSA Snared in GAO Protest Jurisdiction

TSA Snared in GAO Protest Jurisdiction

Client Alert | less than 1 min read | 03.19.10

In General Dynamics One Source, LLC, GAO rejected TSA's jurisdictional challenge, holding that Congress revoked TSA's exemption from GAO protests effective June 22, 2008, and that TSA's Phase II solicitation issued in December 2008 could not relate back to the exemption that previously existed for the Phase I competition. On the merits, GAO sustained the protests due to TSA's failure to evaluate price realism when (1) the awardee proposed mismatched staffing approaches in the technical and cost proposals, and (2) the awardee's proposed staffing depended upon hiring incumbent staff at rates well below current incumbent salaries.

Contacts

Insights

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)....