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Turn Square Corners or Sit on Sideline

Client Alert | less than 1 min read | 01.09.12

The Federal Circuit in Digitalis Educ. Solutions, Inc. v. U.S. (Jan. 4, 2012) emphasized that a company wanting to protest must itself satisfy the stipulated process. In this case, the company lost its right to complain of a sole-source award to a competitor because it did not routinely check FedBizOpps, where the agency published a notice of the proposed award, or submit its own statement of capability to show it could do the job, as the notice in FedBizOpps required.

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Client Alert | 3 min read | 11.20.25

Design Patent Application Drawings & Prosecution History Must Be Clear (Merely Translucent Won’t Suffice!)

Design patents offer protection for the ornamental appearance of a product, focusing on aspects like its shape and surface decoration, as opposed to the functional aspects protected by utility patents. The scope of a design patent is defined by the drawings and any descriptive language within the patent itself. Recent decisions by the Federal Circuit emphasize the need for clarity in the prosecution history of a design patent in order to preserve desired scope to preserve intentional narrowing (and to avoid unintentional sacrifice of desired claim scope)....