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GAO Dismisses Subcontract Protest

Client Alert | less than 1 min read | 05.19.04

Noting that its protest jurisdiction extends only to awards “by a Federal agency,” in Addison Construction, Inc., B-293805, April 20, 2004, GAO dismissed the protest because the prime contractor evaluated the proposals and made the award decision. However, GAO noted it would take jurisdiction if the agency handled all the substantive aspects of the procurement, even if the prime contractor handled the procedural aspects, such as issuing the solicitation and receiving proposals.

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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)....