Stay of FSS Procurement Requires Prompt Action
Client Alert | less than 1 min read | 11.09.05
In Systems Plus, Inc. v. U.S. (Oct. 27, 2005), the Court of Federal Claims held that a Federal Supply Schedule procurement for a blanket purchase agreement conducted as a commercial item buy under FAR part 12, rather than part 15, does not require that the agency provide a debriefing to a disappointed bidder. As a result, the automatic statutory stay upon a GAO protest runs only for 10 days from contract award and not also for 5 days from any discretionary debriefing in such situations.
Insights
Client Alert | 2 min read | 11.14.25
Claim construction is a key stage of most patent litigations, where the court must decide the meaning of any disputed terms in the patent claims. Generally, claim terms are given their plain and ordinary meaning except under two circumstances: (1) when the patentee acts as its own lexicographer and sets out a definition for the term; and (2) when the patentee disavows the full scope of the term either in the specification or during prosecution. Thorner v. Sony Comput. Ent. Am. LLC, 669 F.3d 1362, 1365 (Fed. Cir. 2012). The Federal Circuit’s recent decision in Aortic Innovations LLC v. Edwards Lifesciences Corp. highlights that patentees can act as their own lexicographers through consistent, interchangeable usage of terms across the specification, effectively defining terms by implication.
Client Alert | 6 min read | 11.14.25
Microplastics Update: Regulatory and Litigation Developments in 2025
Client Alert | 6 min read | 11.13.25
