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Cancellation Of RFP Upended

Client Alert | less than 1 min read | 08.18.05

In Rand & Jones Enters. Comp., Inc. (Aug. 4, 2005 http://www.gao.gov/decisions/bidpro/296483.htm), GAO held that Veterans Affairs lacked a reasonable basis for canceling an RFP when the cancellation was based on no technical evaluation factors in the RFP and the agency intended to issue an IFB for the same requirement. Both the RFP and IFB would be based on the same evaluation factor (price), no evidence suggested that the government or the integrity of the procurement system would be prejudiced if the RFP were not cancelled, and the low offeror would be prejudiced by recompetition since its low price had previously been disclosed publicly.

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Client Alert | 3 min read | 11.20.25

Design Patent Application Drawings & Prosecution History Must Be Clear (Merely Translucent Won’t Suffice!)

Design patents offer protection for the ornamental appearance of a product, focusing on aspects like its shape and surface decoration, as opposed to the functional aspects protected by utility patents. The scope of a design patent is defined by the drawings and any descriptive language within the patent itself. Recent decisions by the Federal Circuit emphasize the need for clarity in the prosecution history of a design patent in order to preserve desired scope to preserve intentional narrowing (and to avoid unintentional sacrifice of desired claim scope)....