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GAO Finds Eight Days Insufficient for FPR Response

Client Alert | 1 min read | 12.03.19

In a recently published decision, MCR Federal, LLC, GAO sustained a protest challenging the required response date for final proposal revisions in a task order procurement. Specifically, as part of its voluntary corrective action in response to an earlier post award protest by MCR, the agency issued MCR two “interchange notices” stating concerns related to experience levels and the contingent-hire nature of the majority of MCR’s proposed staffing, and permitting MCR two days to “either revise or confirm” its proposal. MCR again protested that the allotted two days were insufficient. In response, the agency extended the deadline to a total of eight days and then moved to dismiss. GAO declined to dismiss. Instead, it sustained MCR’s protest, finding eight days insufficient to provide MCR a fair opportunity to improve its proposal. Subsequently, GAO dismissed the agency’s reconsideration request and declined to recommend a specific time period for final proposal revisions. 


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Client Alert | 2 min read | 11.14.25

Defining Claim Terms by Implication: Lexicography Lessons from Aortic Innovations LLC v. Edwards Lifesciences Corporation

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....