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Fraudulent Claim Gets The Triple Whammy

Client Alert | less than 1 min read | 03.03.09

In Daewoo Eng'g and Constr. Co. v. U.S. (Fed. Cir. Feb. 20, 2009), the Federal Circuit affirmed the CFC's findings that the contractor had submitted a $64 million claim involving approximately $50 million based on material misrepresentations that amounted to a fraud. From this, the contractor received the triple whammy of forfeiting its entire claim under the CDA, being penalized $50 million under the CDA, and being fined $10,000 under the FCA.

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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)....