Interest Paid Is Recoverable In Damages
Client Alert | less than 1 min read | 10.15.07
In Systems Fuels, Inc. v. U.S. (Oct. 11, 2007), a spent nuclear fuels case, DOE argued that interest costs incurred by the contractor in substantial part due to DOE's breach of contract could not be recovered under the "no interest" rule. The court noted the difference between a company paying interest (an expense) or receiving interest (an asset) and held that interest actually paid is an expense that can be recovered as a breach damage to the extent incurred as a cost of borrowing.
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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).
Client Alert | 5 min read | 11.26.25
Client Alert | 6 min read | 11.25.25
Brussels Court Clarifies the EU’s SPC Manufacturing Waiver Regulation Rules
Client Alert | 3 min read | 11.24.25
