Gotta Give A Guy A Fair Chance On The Redo
Client Alert | less than 1 min read | 09.14.07
GAO in Sikorsky Aircraft Co. (Aug. 30, 2007, http://www.gao.gov/decisions/bidpro/2991455.pdf) slapped down the AF's attempt in its large helicopter procurement simply to "reevaluate" and not give Sikorsky and Lockheed a chance to alter their proposals after GAO found the initial award to Boeing improper. The problem with the AF's approach was that it materially changed the evaluation scheme but then did not give the protestors a chance to revise their proposals to take that into account.
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
