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Competitive Range Of One Gets Close Scrutiny

Client Alert | less than 1 min read | 09.25.08

Reviewing the law that an agency's narrowing the competitive range to one results in close scrutiny, the CFC in L-3 Communications Eotech, Inc. v. U.S. (Sept. 23, 2008, http://www.crowell.com/pdf/L3-Communications_v_US-AimPoint_08-515.pdf) proceeded to set aside such a determination when the agency disqualified the protestor based on a failed functional test that it relaxed for the favored offeror. The court, after seeing a live demonstration of the hardware involved, also found irrational the agency's failure to seek clarifications when the protestor's perceived testing problem could have been corrected relatively easily.

Insights

Client Alert | 5 min read | 07.01.26

What U.S. Patent Holders Need to Know About Inequitable Conduct Right Now

If a court finds that a patent applicant intentionally misrepresented or withheld material information from the USPTO with the intent to deceive, the consequences are severe, leading to unenforceability of the entire patent (and likely any later patents claiming priority to the unenforceable patent)....