Failure To Update Invalidates Evaluation And Responsibility Determination
Client Alert | 1 min read | 02.17.06
In Greenleaf Constr. Co. (Jan. 17, 2006, http://www.gao.gov/decisions/bidpro/29310518.pdf), GAO held that the awardee's failure to advise the agency of changes to its proposed plan for performance which arose after submission of its final proposal revision, including different key personnel and a different software system, invalidated the technical evaluation based on the original proposal. GAO also invalidated the contracting officer's responsibility determination as to the adequacy of awardee's financial resources because the contracting officer knew that an affiliated company that had provided most of the revenues of the awardee's corporate family in the DCAA analysis had been sold.
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
