Rare Decision about Pricing Interorganizational Transfers
Client Alert | 1 min read | 02.14.17
In rare litigation over the pricing of items transferred between a contractor’s commonly controlled subdivisions, C&M successfully appealed a Contracting Officer’s refusal to pay commercial prices for materials a contractor had transferred between its business units. In A-T Solutions, Inc. (ATS), ASBCA No. 59338, the Board found that ATS was permitted to transfer at price under FAR 31.205-26(e) because it had demonstrated an “established practice” of pricing interorganizational transfers at other than cost for commercial work, as evidenced by records and the testimony of ATS’ witnesses and accounting expert. The Board rejected the Government’s argument that ATS’ internal transfers lacked “economic substance,” holding that FAR 31.205-26(e) does not impose any “economic substance” requirement and that ATS’ internal transfers were adequately recorded at price, notwithstanding limitations in the detail provided by ATS’ accounting software.
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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).
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
