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Corrective Action Needs Correcting

Client Alert | less than 1 min read | 08.12.05

In Resource Consultants, Inc. (June 2, 2004 http://www.gao.gov/decisions/bidpro/2930733.pdf), the GAO sustained a protest because the agency had "abandoned" one of the ground rules for the re-evaluation of proposals, a re-evaluation that had been conducted as corrective action in response to an earlier protest. According to GAO, while the terms of the re-evaluation permitted offerors to submit revised price proposals only, revisions to the awardee's staffing costs were so extensive as to constitute technical proposal revisions; therefore, the agency should have permitted all offerors to submit revised technical proposals.

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Client Alert | 3 min read | 11.20.25

Design Patent Application Drawings & Prosecution History Must Be Clear (Merely Translucent Won’t Suffice!)

Design patents offer protection for the ornamental appearance of a product, focusing on aspects like its shape and surface decoration, as opposed to the functional aspects protected by utility patents. The scope of a design patent is defined by the drawings and any descriptive language within the patent itself. Recent decisions by the Federal Circuit emphasize the need for clarity in the prosecution history of a design patent in order to preserve desired scope to preserve intentional narrowing (and to avoid unintentional sacrifice of desired claim scope)....