GAO Protest Jurisdiction over Most Task Order Awards by Civilian Agencies Ends Today
Client Alert | less than 1 min read | 09.30.16
Pursuant to the sunset provision of 41 U.S.C. § 4106(f)(3), and resulting Congressional inaction, GAO protest jurisdiction over task order awards by Civilian Agencies will end today at 5:30 PM EST, except for “a protest on the ground that the order increases the scope, period, or maximum value of the contract under which the order is issued.” However, pursuant to Technatomy Corp., B-405130, June 14, 2011, 2011 CPD ¶ 107, GAO will likely have jurisdiction to decide protests filed before the deadline.
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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.
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