Court Dumps CICA Stay Override
Client Alert | less than 1 min read | 09.05.07
Continuing a trend at the Court of Federal Claims to give close scrutiny to agency overrides of CICA stays during a GAO protest, Judge Lettow in Superior Helicopter LLC v. U.S. (Aug. 30, 2007) found the Forest Service's override determination for firefighting helicopters deficient because it did not explain adequately why existing contracts could not suffice during the protest. More dubious, however, was Judge Lettow's then taking testimony and doing a balancing of the interests based on that additional evidence, although he still found the agency's amplified explanations wanting in this instance.
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Client Alert | 3 min read | 07.21.25
Bypass Applications in U.S. Patent Practice: A Strategic Alternative to National Stage Entry
Applicants entering the U.S. national phase of an international (PCT) application have two options: enter the national stage under 35 U.S.C. §371 or file a “bypass” national application under 35 U.S.C. § 111(a). A bypass application allows applicants to file a new U.S. application that claims priority to the PCT application, treating the PCT application as a U.S. parent and bypassing the traditional national phase entry. Depending on the applicant’s goals and strategy, bypass applications can be filed as a continuation, divisional, or continuation-in-part (CIP).
Client Alert | 1 min read | 07.21.25
Client Alert | 4 min read | 07.21.25
Not So Surprising: The Fifth Circuit Finds No Private Right of Action in the No Surprises Act
Client Alert | 3 min read | 07.18.25
