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GAO Blasts FBI's "Second-Tier" IDIQ Solicitations

Client Alert | less than 1 min read | 10.15.15

In Harris IT Servs. Corp. (Oct. 2, 2015), GAO arrested the FBI's issuance of two solicitations under existing IDIQ contracts because each solicitation called for a single, "second-tier IDIQ instrument" that would deny other, existing IDIQ holders the fair opportunity to compete for future task orders as required by FAR 16.505. GAO also found that the contemplated future task orders could potentially exceed the scope of the underlying IDIQ contracts and contained unduly restrictive specifications.


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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)....