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Agency Playing Favorites Leads To Bad Faith Termination

Client Alert | less than 1 min read | 10.18.05

While the government has significant discretion under the termination for convenience clause to end a contract, that discretion is not limitless. In Advanced Team Concepts, Inc. v. U.S. (Sept. 28, 2005), the Court of Federal Claims held that a termination was in bad faith and thus a breach of contract permitting lost profits when the reason for the termination was simply to shift the work to the recently departed director of the agency.

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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)....