Whistleblower's FCA Claims Fail Public Disclosure and First-to-File Bars
Client Alert | 1 min read | 04.01.13
In U.S. ex rel. Beauchamp v. Academi Training Center, Inc. (E.D. Va. Mar. 21, 2013), in which C&M represented the defendant, the court dismissed all claims that Academi had violated the False Claims Act by allegedly falsifying its labor invoices and failing to qualify Afghanistan-based security personnel on certain weapons properly. The court held that public disclosure barred both claims because they either had been publicly disclosed in the media or in an earlier qui tam action brought against Academi (resulting in a judgment in favor of Academi with C&M defending), but also that the labor claim was precluded by the first-to-file bar because it was based on the underlying facts in a related and earlier-filed qui tam suit that was pending when the Beauchamp complaint was filed.
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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).
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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
