But Judge, That Was Only What We Said To Congress
Client Alert | less than 1 min read | 03.27.06
Judge Williams of the Court of Federal Claims was obviously not amused when she set aside the agency's override of the automatic stay during the GAO protest proceedings in Cigna Gov't Services, LLC v. U.S. (Mar. 10, 2006) in a procurement for Medicare claims administration. In addition to finding the rationale of the agency inconsistent with the agency's testimony to Congress that the procurement had significant scheduling flexibility, she found the override determination failed to consider several relevant factors, such as the cost of termination if GAO determines that the agency made an illegal award.
Insights
Client Alert | 2 min read | 11.14.25
Claim construction is a key stage of most patent litigations, where the court must decide the meaning of any disputed terms in the patent claims. Generally, claim terms are given their plain and ordinary meaning except under two circumstances: (1) when the patentee acts as its own lexicographer and sets out a definition for the term; and (2) when the patentee disavows the full scope of the term either in the specification or during prosecution. Thorner v. Sony Comput. Ent. Am. LLC, 669 F.3d 1362, 1365 (Fed. Cir. 2012). The Federal Circuit’s recent decision in Aortic Innovations LLC v. Edwards Lifesciences Corp. highlights that patentees can act as their own lexicographers through consistent, interchangeable usage of terms across the specification, effectively defining terms by implication.
Client Alert | 6 min read | 11.14.25
Microplastics Update: Regulatory and Litigation Developments in 2025
Client Alert | 6 min read | 11.13.25
