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Sheppard Mullin Richter & Hampton LLP | USA | 28 Sep 2023
A Second Chance to Win Your Government Healthcare Contract
The government buys billions of dollars in healthcare-related goods and services every year, and no government procurement is perfect. In a business…
McDermott Will & Emery | USA | 28 Sep 2023
Chilly Adventures: Design Patent Prior Art Comparison Applies to Article of Manufacture
Addressing a matter of first impression concerning the scope of prior art relevant to a design patent infringement analysis, the US Court of Appeals…
Meadows Collier Reed Cousins Crouch & Ungerman LLP | USA | 22 Sep 2023
Distinctions that Make a Difference: Federal Circuit Holds that Various Substance Over Form Doctrines are Not Interchangeable
There are various interactions of the substance over form doctrine, such as step-transaction, economic substance, sham, among others. As the Federal…
Sterne Kessler Goldstein & Fox PLLC | USA | 22 Sep 2023
Ironburg and the elusive “skilled searcher” estoppel standard for newly discovered prior art
As any PTAB practitioner knows, the possibility of being estopped from asserting prior art in district court is a significant risk that must be…
Meadows Collier Reed Cousins Crouch & Ungerman LLP | USA | 21 Sep 2023
The Squeaky Wheel Gets the Grease? Employers Should Consider Filing Lawsuits to Obtain ERC Refunds
Just last week, the IRS announced that it was no longer processing any new Employee Retention Credit (ERC) claims amid a surge in questionable claims…
McDermott Will & Emery | USA | 21 Sep 2023
Hit Rewind: Analogous Art and Field of Endeavor
Addressing the Patent Trial & Appeal Board’s application of the field of endeavor and reasonably pertinent tests for determining analogous art, the…
Crowell & Moring LLP | USA | 19 Sep 2023
DOE Class Deviation Softens FAR Requirement for Continuous SAM Registration
On September 6, 2023, the Department of Energy (DOE) issued a Class Deviation removing the FAR 52.204-7 requirement that a contractor maintain its…
Cozen O'Connor | USA | 18 Sep 2023
OTDP After PTA: What You Need to Know
The Federal Circuit just rendered a decision In re Cellect, LLC, Case Nos. 2022-1293; -1294; -1295; -1296 (Fed. Cir. Aug. 28, 2023), which raises…
Crowell & Moring LLP | USA | 15 Sep 2023
Fastest 5 Minutes: Claims and False Claims Act
This week’s Episode covers a Federal Circuit decision about jurisdiction under the Contract Disputes Act, a claim for additional costs relating to…
Sheppard Mullin Richter & Hampton LLP | USA | 13 Sep 2023
Bid Protest High Season Is Coming - A Reminder About the Need for Fast Decisions
The end of the Fiscal Year is upon us, which typically coincides with a flurry of procurement activity and then a wave of bid protests. As most of…
