'Page-Count' Method Supports Claim For Reimbursement Of Protest Costs
Client Alert | 1 min read | 08.17.06
Despite the agency's blanket objections to almost all of a prevailing protester's claimed costs, the Government Accountability Office ("GAO") in BAE Technical Services, Inc. - Costs , B-296699.3 (Aug. 11, 2006), http://www.gao.gov/decisions/bidpro/2966993.pdf, held that the protester was entitled to recover costs attributed to almost all of the issues raised as they are "largely intertwined parts of [its] basic objection that the [agency] misevaluated proposals and treated offerors unequally." Although the records of the time spent on the protest were not detailed enough to attribute time on an issue-by-issue basis, GAO relied on the application of a "page-count" method to conclude that approximately 94.5 percent of the number of pages in submissions to GAO were devoted to issues related to the meritorious protest allegations.
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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).
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Brussels Court Clarifies the EU’s SPC Manufacturing Waiver Regulation Rules
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