No Warranty Without Express Language
Client Alert | less than 1 min read | 02.24.10
Addressing the issue of warranties again within a week and once again reversing the Court of Federal Claims, the Federal Circuit in Precision Pine & Timber, Inc. v. U.S. (Feb. 19, 2010) found no warranty implicit in a contractual clause that allowed the Forest Service to suspend performance due to Endangered Species Act concerns. With respect to the one contract that lacked a suspension of work clause, however, the Forest Service breached because it lacked contractual authority to do so, even though it stopped performance in response to a district court injunction.
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
