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Auction Concept Still Lives at CFC

Client Alert | less than 1 min read | 11.10.10

In The Sheridan Corp. v. U.S. (Nov. 5, 2010), the CFC set aside the agency's corrective action when, in the face of a GAO protest, the agency announced another round of offers and a new evaluation. The court noted that (a) the record contained no justification by the agency for the corrective action, (b) even if the protest assertions made at GAO were well taken they would only require a reevaluation of the existing offers, and (c) the awardee was irreparably harmed by a new round of offers when its winning price had been disclosed to the other offerors.

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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)....