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Subway Wins Latest Round Of 15-Year Construction Litigation Saga

Client Alert | 1 min read | 12.15.05

After 15 years of litigation, two trials and the deaths of two judges, Chief Judge Hogan of the U.S. District Court in D.C. wrote the latest chapter in the subway litigation saga, Mergentime-Perini v. WMATA (11/28/05), issuing a 192-page opinion upholding the default terminations of contracts for two Washington Metro subway stations, denying virtually all of the contractors' claims and awarding WMATA over $21 million in excess reprocurement costs and other damages, plus prejudgment interest. Crowell & Moring has represented WMATA in this protracted litigation, which has already established precedent on such issues as whether performance bonds cover allegedly unauthorized contract modifications and the duties of successor judges who take over an uncompleted case after trial.

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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)....