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Back to the Future: CBCA to Implement New Electronic Docketing System

Client Alert | 1 min read | 01.03.25

On December 17, 2024, the Civilian Board of Contract Appeals (Board) announced its plan to launch a new Electronic Docketing System (EDS).  Once implemented, the Board will require use of the new EDS for most submissions. 

For individuals already registered with the Government Accountability Office’s Electronic Protest Docketing System (EPDS), the EDS interface and functionality will be similar.  As with EPDS, it appears that EDS submissions will be accessible only to those private-party and agency representatives litigating the matter.

The Board originally planned to launch the new EDS on January 1, but the Board has temporarily postponed the launch to allow practitioners more time to register.  In the meantime, contractors and their counsel should be aware of this impending change and review the Board’s guidance (linked here) to ensure timely and appropriate filings in CDA appeals and FEMA arbitrations.

Insights

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)....