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Contractors Must Check Everywhere "Reasonable" On FedBizOpps

Client Alert | 1 min read | 10.04.05

In Jess Bruner Fire Suppression (GAO Aug. 19, 2005 http://www.gao.gov/decisions/bidpro/296533.htm), the agency posted a notice and solicitation under a simplified acquisition for multiple subregions on only one subregion's site within the FedBizOpps web site, rather than on the site of either the whole region or of each of the subregions for which the services were needed, and the protester complained that it did not see the notice because it did not check subregions for which it was not interested. While criticizing the agency's claim that it would have been "cumbersome" to post on multiple sites and noting it would have been very cumbersome for the protester to search regularly by geographical region to find the materials, GAO held that the posting met the minimum legal requirements.

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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)....