Triple Whammy: Agencies Flunk Price Evaluations
Client Alert | 1 min read | 07.30.15
With the government's increased focus on price in the face of tightening budgets, GAO has also increased its focus on price evaluations by agencies. In recent weeks, disappointed offerors have successfully challenged (1) the Air Force's price reasonableness and price realism analysis in KWR Constr. Inc., (2) the VA's failure to meaningfully evaluate price realism—despite an express statement requiring it in the solicitation—in B&B Med. Servs., Inc., and (3) the Air Force's unequal treatment of the protester's labor rates when performing price realism analysis in Cubic Applications, Inc.
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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
