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Gotta Give A Guy A Fair Chance On The Redo

Client Alert | less than 1 min read | 09.14.07

GAO in Sikorsky Aircraft Co. (Aug. 30, 2007, http://www.gao.gov/decisions/bidpro/2991455.pdf) slapped down the AF's attempt in its large helicopter procurement simply to "reevaluate" and not give Sikorsky and Lockheed a chance to alter their proposals after GAO found the initial award to Boeing improper. The problem with the AF's approach was that it materially changed the evaluation scheme but then did not give the protestors a chance to revise their proposals to take that into account.

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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)....