Protest of Private Subcontract Solicitation Has Teeth
Client Alert | less than 1 min read | 02.13.13
In Orion Tech. Resources, LLC v. Los Alamos Nat'l Sec., LLC (Aug. 6, 2012), the New Mexico Court of Appeals held that, while, in a private context, an unsuccessful offeror generally has no right to complain, when the issuer made representations as to how the offers would be considered that it then violated and on which the offeror relied, there was an implied contract under the common law. Moreover, the court ruled that the offeror in appropriate circumstances could obtain injunctive relief or damages, including lost profits if it can prove it would have won the award if the stated rules had been followed.
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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
