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CFC Dismisses Protest of SBA Decision Not to Reopen Size Determination

Client Alert | less than 1 min read | 08.02.11

In Outdoor Venture Corp. v. U.S., the Court of Federal Claims dismissed the protest of an awardee of a small business set-aside contract that had failed to file a timely appeal of an adverse size determination to SBA’s Office of Hearings and Appeals. The CFC held that the decision to reopen a size determination is within the SBA’s “sole discretion, and because there are no guidelines for SBA to follow, the [CFC] lacks jurisdiction to review SBA's decision."

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Client Alert | 6 min read | 11.26.25

From ‘Second’ to ‘First:’ Federal Circuit Tackles Obvious Claim Errors

Patent claims must be clear and definite, as they set the boundaries of the patentee’s rights. Occasionally, however, claim language contains errors, such as typographical mistakes or incorrect numbering. Courts possess very limited authority to correct such errors. The United States Court of Appeals for the Federal Circuit has emphasized that judicial correction is appropriate only in rare circumstances, where (1) the error is evident from the face of the patent, and (2) the proposed correction is the sole reasonable interpretation in view of the claim language, specification, and prosecution history. See Group One, Ltd. v. Hallmark Cards, Inc., 407 F.3d 1297, 1303 (Fed. Cir. 2005) and Novo Indus., L.P. v. Micro Molds Corp., 350 F.3d 1348, 1357 (Fed. Cir. 2003)....