Unicor Banned From Competing In Small Business Set Asides For Services
Client Alert | less than 1 min read | 02.14.05
On February 3, 2005, in response to two protests filed by small business contractors challenging the award of a contract to UNICOR (Federal Prison Industries or "FPI") under a total small business set-aside procurement, the SBA determined that UNICOR is other than small under the applicable size standard. UNICOR contended that, irrespective of its size, "it is eligible to compete for this procurement because recent changes in the law [specifically, March 26, 2004, amendments to the FAR] now define small business set asides as including FPI," but the SBA held that those requirements are not mandatory if the solicitation involves "acquiring services," as opposed to purchasing items listed on FPI's schedule.
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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).
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