Unanimous Supreme Court Says Veteran-Owned Small Business Preferences Reign
Client Alert | 1 min read | 06.20.16
On June 16, 2016, the U.S. Supreme Court in Kingdomware Techs., Inc. v. U.S. ruled that 38 U.S.C. § 8127 requires the Department of Veterans Affairs to apply the “Rule of Two” and, if met, give preference to veteran-owned small businesses (VOSBs) when awarding any contract over the dollar thresholds in subsections (b) and (c). The Court soundly rejected both the Federal Circuit’s and the VA’s position that subsection (d)’s prefatory clause somehow relaxed the plain, mandatory language of the clause providing that the preferences “shall” apply, and the VA’s newly (and untimely) raised argument that subsection (d) does not apply to orders under Federal Supply Schedule contracts, setting the stage for a notable increase in awards of VA FSS orders to VOSBs and incentivizing more VOSBs to pursue opportunities with the VA.
Contacts
Insights
Client Alert | 3 min read | 05.26.26
On May 13, 2026, the U.S. Court of Appeals for the Federal Circuit affirmed a district court judgment of no infringement in Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc., No. 24-1641. The decision offers important guidance for patent holders and generic manufacturers on the role of industry standards in interpreting scientific terminology during claim construction, prosecution history estoppel, and the disclosure-dedication rule.
Client Alert | 5 min read | 05.26.26
Client Alert | 7 min read | 05.21.26
A New Playbook for M&A in the EU: The European Commission's Draft Merger Guidelines - 10 Key Changes
Client Alert | 3 min read | 05.21.26
Judge Jennifer Choe-Groves Takes Over Several DNJ Hatch-Waxman Cases
