Navy's Sparse Document Production Sinks Protest Defense
Client Alert | less than 1 min read | 12.28.15
In CORTEK, Inc. (Dec. 17, 2015), GAO determined that it could not find the Navy's evaluation and award decision reasonable when, in response to the protest, the Navy produced only very circumscribed portions of selected documents that were extensively redacted, to the point that the agency report failed to explain even the most basic details of the acquisition. The Navy's overly aggressive efforts to limit document production frustrated CICA's mandate that GAO resolve bid protests and led GAO to sustain the protest regarding the evaluation of several aspects of the awardee's proposal.
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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.
Client Alert | 6 min read | 11.14.25
Microplastics Update: Regulatory and Litigation Developments in 2025
Client Alert | 6 min read | 11.13.25
