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GAO Has Had Enough, Suspends Protester for One Year

Client Alert | less than 1 min read | 08.26.16

In a rare move, GAO has suspended a nuisance litigator from protesting for a period of one year after it had filed 150 meritless protests this fiscal year alone. While the decision in Latvian Connection LLC (Aug. 18, 2016) may be an isolated occurrence, it will be interesting to see whether such a sanction (or perhaps GAO’s soon-to-be-introduced protest filing fee) will deter future filings of other meritless protests.

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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)....