USPS Auction Crash Lands
Client Alert | less than 1 min read | 11.01.05
The Court of Federal Claims in Asia Pacific Airlines v. U.S. (Oct. 14, 2005) grounded USPS when it indicated to bidders that varying flight schedules for mail transport would be permissible and then disqualified the low bidder on two lanes after two rounds of internet auction for failing to conform to the suggested tender times. The court enjoined not only the awards for those two lanes, but for several others that the airline said it would have bid on if it had known the true ground rules.
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
