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D.C. Circuit Overturns Decision To Release Manufacturing Data Under FOIA

Client Alert | 1 min read | 04.05.10

In United Technologies Corp. v. DoD, the DC Circuit set aside a DCMA decision to release under FOIA certain Corrective Action Requests (CARs) from DCMA regarding alleged problems with Sikorsky and Pratt & Whitney manufacturing processes. Although the court found that the competitive harm that could result from their competitors using that information to discredit Sikorsky and Pratt & Whitney in the marketplace is not the type of harm that Exemption 4 was designed to protect, the court nonetheless found that the information was not releasable because DoD had not rebutted Sikorsky and Pratt & Whitney's argument that the CARs disclosed proprietary information regarding their manufacturing processes that would allow their competitors to improve their own manufacturing and quality control systems to the competitive detriment of Sikorsky and Pratt & Whitney.

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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)....

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