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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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