It's All In The Name
Client Alert | less than 1 min read | 10.14.09
In Wackenhut Int'l, Inc. v. Dep't of State (Sept. 22, 2009), the Civilian Board of Contract Appeals ("CBCA") ;dismissed for lack of jurisdiction when the appellant's Contract Disputes Act claim and subsequent appeal to the CBCA were brought in the name of a single joint venture partner instead of the joint venture itself. The Board found that only the joint venture had privity of contract with the government and that that was altered neither by appellant's 51% ownership stake in the joint venture nor by appellant's obtaining written authorization to pursue the claim from its joint venture partner.
Insights
Client Alert | 3 min read | 04.23.24
The Federal Circuit’s recent decision in Luv n’ Care v. Laurain provides a cautionary tale for patentees. Disclosing prior art to the Patent and Trademark Office (PTO) is not enough to insulate against a finding of inequitable conduct, particularly where a patentee mischaracterizes that prior art and the PTO’s patentability determination may have differed had the patentee accurately described the prior art. Misconduct by the patentee during litigation can also lead to a finding of unclean hands that bars the patentee from relief for alleged infringement against the opposing party in that litigation.
Client Alert | 6 min read | 04.23.24
Client Alert | 3 min read | 04.22.24
Client Alert | 1 min read | 04.18.24
GSA Clarifies Permissibility of Upfront Payments for Software-as-a-Service Offerings
