Too Bad, So Sad
Client Alert | 1 min read | 04.25.06
In a "twist" that reminds one of the immortal words of Mr. Bumble, "If the law supposes that, then the law
is a a--," after the Court of Federal Claims had held last year in Int'l Data Products Corp. v. U.S. that the termination of an IT products provider's contract also extinguished its warranty obligations for products already delivered, Judge George Miller has now held (Apr. 10, 2006) that the contractor cannot recover under any contract theory (including quantum meruit ) for the warranty services provided after termination, which the contractor had provided under protest because the government threatened default and debarment if it did not. The court reasoned that, because there was no written contract after the termination and because the contractor had never agreed to provide the post-termination services willingly, there was neither an express nor an implied contract for the services, depriving the court of jurisdiction.
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
