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Section 809 Panel Releases Volume 3 Report and Recommendations

Client Alert | 1 min read | 01.16.19

On January 15, the Section 809 Panel released the final installment of its three-volume report, this time including recommendations on, among other topics, bid protests, contractor accounting systems, and government-industry interactions. (The panel released Volume 1 in January 2018 and Volume 2 in June 2018).

The Volume 3 recommendations, if implemented, could have far-reaching effects. For example, the panel recommends eliminating certain bid protests, such as second bite at the apple Court of Federal Claims protests after earlier GAO protests; adopting a “professional practice guide” for DoD and those supporting DoD in its contract audits; and encouraging greater government “interaction with industry during market research.”

Keep an eye on our blog and podcasts in the coming weeks, as we will be providing further detailed analysis of the panel’s various recommendations.

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pH, Prosecution History Estoppel, and Patent Scope: Three Lessons from the Federal Circuit's Latest Hatch-Waxman Ruling

On May 13, 2026, the U.S. Court of Appeals for the Federal Circuit affirmed a district court judgment of no infringement in Actelion Pharmaceuticals Ltd. v. Mylan Pharmaceuticals Inc., No. 24-1641. The decision offers important guidance for patent holders and generic manufacturers on the role of industry standards in interpreting scientific terminology during claim construction, prosecution history estoppel, and the disclosure-dedication rule....