Many Small Projects Do Not Equal One Big Project
Client Alert | less than 1 min read | 09.28.09
In Caddell Constr. Co. (Sept. 21, 2009), GAO found unreasonable the agency's determination that a vendor had shown the requisite experience performing services "similar in complexity, type of construction, and value to the project being bid" as required by the Security Act in a provision relating to construction of embassies, when the vendor's submission aggregated a number of smaller projects to equal the value of the construction project at issue. Contrary to the agency's determination, GAO held that the statute's experience requirement anticipates that an offeror has completed at least one construction project of similar value and complexity.
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Client Alert | 2 min read | 11.14.25
Claim construction is a key stage of most patent litigations, where the court must decide the meaning of any disputed terms in the patent claims. Generally, claim terms are given their plain and ordinary meaning except under two circumstances: (1) when the patentee acts as its own lexicographer and sets out a definition for the term; and (2) when the patentee disavows the full scope of the term either in the specification or during prosecution. Thorner v. Sony Comput. Ent. Am. LLC, 669 F.3d 1362, 1365 (Fed. Cir. 2012). The Federal Circuit’s recent decision in Aortic Innovations LLC v. Edwards Lifesciences Corp. highlights that patentees can act as their own lexicographers through consistent, interchangeable usage of terms across the specification, effectively defining terms by implication.
Client Alert | 6 min read | 11.14.25
Microplastics Update: Regulatory and Litigation Developments in 2025
Client Alert | 6 min read | 11.13.25
