Contradictory Technical And Cost Evaluations Don't Add Up
Client Alert | less than 1 min read | 04.12.06
In Information Ventures, Inc. (Mar. 1, 2006, http://www.gao.gov/decisions/bidpro/2972762.pdf), GAO sustained the protest in part because the agency failed to reconcile the technical evaluation with the cost realism analysis. In this procurement, the agency supported the high technical scores awarded to the two offerors by finding that both offerors' technical proposals “contained more than adequate staff to accomplish tasks,” yet, at the same time, determined in the cost realism analysis that neither offeror had proposed sufficient staffing hours to perform the work.
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
