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Agency's Corrective Action Based Upon GAO Recommendation Reasonable

Client Alert | less than 1 min read | 03.06.09

In ASRC Research & Tech. Solutions, LLC (Aug. 21, 2008), GAO determined that NASA conducted flawed technical and past performance evaluations and recommended a limited re-evaluation that ultimately led to a contract award to the protester (represented by C&M). The awardee in the first competition fought to turn the tables on ARTS in a subsequent protest before the CFC, but ARTS successfully defended the award in SP Systems, Inc. v. United States (Feb. 11, 2009), in which the Court found that, although NASA could have taken other corrective actions, NASA's decision to follow GAO's recommendation strictly was reasonable.

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Client Alert | 6 min read | 11.25.25

Brussels Court Clarifies the EU’s SPC Manufacturing Waiver Regulation Rules

On November 13, 2025, the president of the French-speaking Brussels Enterprise Court ruled in the long-running battle between Sandoz and Regeneron about the correct interpretation of the EU’s Supplementary Protection Certificate (SPC) Manufacturing Waiver Regulation regarding exports to a non-EU market. The Brussels Court dismissed Regeneron’s claim that Sandoz had provided a defective notification and agreed with Sandoz’s interpretation of the Regulation....