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Be Certain of The Sum Certain


The ASBCA in Rex Systems, Inc. (Nov. 6, 2007,, gave a painful reminder that, without a sum certain stated in a claim, it has no jurisdiction. After over two years of litigation in the appeal, the government raised in its post-trial brief that the claim, which requested a 15% license fee "at a minimum," does not state a sum certain, and the board agreed, dismissing the appeal at that stage.

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Frederick (Rick) W. Claybrook Jr.
Partner – Washington, D.C.
Phone: +1 202.624.2695

John E. McCarthy Jr.
Partner – Washington, D.C.
Phone: +1 202.624.2579