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.
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
