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FCA Litigation Forecast: Bad News, Good News

Client Alert | less than 1 min read | 03.24.17

The FCA remains the federal government’s number one recovery tool, but how will that be impacted by recent developments in the case law and regulations? In a recent Westlaw Journal piece, C&M’s Brian Tully McLaughlin previews the impact of the Supreme Court’s landmark Escobar decision for defendants in all manner of FCA suits as well as the significant increases in the Act’s statutory penalties.

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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)....