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Court Tells Agency To Address Illicit Advantage In Recompetition

Client Alert | less than 1 min read | 12.02.05

In Beta Analytics Int'l, Inc. v. U.S. (Nov. 23, 2005), the Court of Federal Claims wrestles with the situation of having found the initial procurement decision to be unlawful but not having stopped the process, which allowed the competitor to take over the job and hire away many of the protestor-incumbent's key employees. The court ordered the Navy (a) not to exercise the option years and (b) to mitigate the unlawful advantage through its evaluation methodology for the reprocurement.

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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)....