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Construction Group Secures Favorable Settlement for PCL Civil Constructors

Client Alert | less than 1 min read | 01.01.06

Crowell & Moring secured a favorable settlement for our client in a construction defect case involving a sewer pipe in San Diego. In 2003, the City of San Diego brought suit against general contractor PCL Civil Constructors Inc. for alleged defective installation of joint welds in the interior lining of the sewer pipe. Representing PCL Civil Constructors, Stuart Einbinder was the partner in charge and was assisted by former counsel Rosemary Carson and counsel Theresa Lopez. The opposing counsel was the City Attorney-Civil Division of the City of San Diego. The case was settled in the spring of 2005

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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)....