Contractor Must Actually Receive Final Decision To Start The Clock
Client Alert | less than 1 min read | 05.20.05
The Federal Circuit in Riley & Ephriam Constr. Co. (May 18, 2005) emphasized that the Contract Disputes Act requires actual delivery of the final decision to the contractor or its designated agent before the time to file an appeal at the board or a case in the Court of Federal Claims starts to run. In this case, the Federal Circuit rejected as "receipt" by the contractor both delivery to a P.O. box and a fax transmission sheet to the contractor's attorney when receipt of the fax was denied and the CO did not follow up to confirm receipt personally.
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
