Don’t Sleep on Discovery, It Could Yield Basis for New Claim
Client Alert | 1 min read | 03.04.19
In Amec Foster Wheeler Environment & Infrastructure, Inc., CBCA 5168, 6298 (Feb. 29, 2019), the CBCA denied the government’s motion for partial dismissal, which alleged that Amec’s superior knowledge and negligent estimate claims were either “barred by the statute of limitations or insufficiently plead.” Amec alleged that it first learned the basis for its claims during discovery in appeal CBCA 5168, and it could not have known the basis for them before then. The government argued that Amec should have known of those grounds shortly after award when Amec realized the “quantities and descriptions in the contract were radically incorrect.” The Board rejected the government’s position that the “contractor should consider asserting every conceivable legal theory of relief as soon as it encounters an unforeseen condition.” The Board also disagreed with the government that it was clear that the contract specifications were not misleading and thus Amec’s claims were insufficiently plead. The Board noted that there were a “myriad” of technical issues and that although the government’s “factual defense may prevail at the hearing,” it was inappropriate for the Board to decide it on a motion for partial dismissal.
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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




