R-E-V-I-E-W Does Not Spell R-E-L-I-E-F
Client Alert | less than 1 min read | 12.06.04
Rejecting the contention that, after finding arbitrary and capricious conduct by procurement officials, the award must be declared invalid and set aside, the Federal Circuit in PGBA v. U.S. (Nov. 22, 2004) says that a court is to apply the normal balancing of the equities, including the public interest, when deciding whether to grant an injunction after finding for a protester on the merits. Congress only adopted the review provisions of section 706 of the Administrative Procedure Act, the court explained, not its seemingly mandatory relief provisions.
Insights
Client Alert | 3 min read | 05.26.26
On May 13, 2026, the U.S. Court of Appeals for the Federal Circuit affirmed a district court judgment of no infringement in Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc., No. 24-1641. The decision offers important guidance for patent holders and generic manufacturers on the role of industry standards in interpreting scientific terminology during claim construction, prosecution history estoppel, and the disclosure-dedication rule.
Client Alert | 7 min read | 05.21.26
A New Playbook for M&A in the EU: The European Commission's Draft Merger Guidelines - 10 Key Changes
Client Alert | 3 min read | 05.21.26
Judge Jennifer Choe-Groves Takes Over Several DNJ Hatch-Waxman Cases
Client Alert | 7 min read | 05.19.26
American and Allied Cyber Agencies Issue First Joint Guidance on Securing Agentic AI
