Federal Circuit Refuses to Give Offeror Second Chance
Client Alert | less than 1 min read | 01.24.13
In Orion Tech., Inc. v. U.S. (Jan. 14, 2013), the agency disqualified a contractor which had failed to provide all the requested information with its offer and, when the agency reopened proposals for a second round, refused to allow the contractor to do so then. The Federal Circuit held that the contractor had standing to complain about getting kicked out, but held that the agency had reasonably done so, implicitly ruling that, once reopening, the agency did not have to let the offeror cure its deficiency.
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Client Alert | 6 min read | 11.26.25
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).
Client Alert | 5 min read | 11.26.25
Client Alert | 6 min read | 11.25.25
Brussels Court Clarifies the EU’s SPC Manufacturing Waiver Regulation Rules
Client Alert | 3 min read | 11.24.25
