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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 | 3 min read | 11.20.25

Design Patent Application Drawings & Prosecution History Must Be Clear (Merely Translucent Won’t Suffice!)

Design patents offer protection for the ornamental appearance of a product, focusing on aspects like its shape and surface decoration, as opposed to the functional aspects protected by utility patents. The scope of a design patent is defined by the drawings and any descriptive language within the patent itself. Recent decisions by the Federal Circuit emphasize the need for clarity in the prosecution history of a design patent in order to preserve desired scope to preserve intentional narrowing (and to avoid unintentional sacrifice of desired claim scope)....