No Out-Of-Pockets, No Interest
Client Alert | less than 1 min read | 02.10.06
The Federal Circuit in Richlin Security Serv. Co. v. Certoff (Jan. 31, 2006) reaffirmed that a contractor can obtain interest on its recovery from the date of the filing of its claim with the contracting officer, even if the amounts recovered had not yet been incurred, as long as the contractor eventually has out-of-pocket expense. This doomed Richlin's interest request, because only the government made out-of-pocket payments for the Service Contract Act deficiencies it claimed.
Insights
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
