Contractor Gets "Second Bite" When Final Decision Reconsidered
Client Alert | less than 1 min read | 08.03.15
In LRV Envtl., Inc. (July 14, 2015), the ASBCA found that "reconsideration" of a CO's final decision resets the 90-day clock for a CDA appeal. The CO had issued a final decision, but subsequently reconsidered a portion of it on its own motion, leading the board to conclude that "the decision was not truly final" prior to the reconsideration and so the contractor's 90-day appeal window ran from the latter 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).
Client Alert | 5 min read | 11.26.25
Client Alert | 6 min read | 11.25.25
Brussels Court Clarifies the EU’s SPC Manufacturing Waiver Regulation Rules
Client Alert | 3 min read | 11.24.25
