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Full-Text Articles in Law
Forward To Festschrift Honoring Chief Judge Rader, Martin J. Adelman
Forward To Festschrift Honoring Chief Judge Rader, Martin J. Adelman
GW Law Faculty Publications & Other Works
This Forward discusses papers that highlight the judicial work of Chief Judge Rader in the field of patent law.
Affirmatively Inefficient Jurisprudence?: Confusing Contractors’ Rights To Raise Affirmative Defenses With Sovereign Immunity, Steven L. Schooner, Pamela Kovacs
Affirmatively Inefficient Jurisprudence?: Confusing Contractors’ Rights To Raise Affirmative Defenses With Sovereign Immunity, Steven L. Schooner, Pamela Kovacs
GW Law Faculty Publications & Other Works
In M. Maropakis Carpentry v. United States, the U.S. Court of Appeals for the Federal Circuit upset the commonly understood rules of practice and procedure for government contracts dispute litigation. In what the Supreme Court might view as a drive-by jurisdictional ruling, the court held that a contractor must file its own claim for time extensions before it can defend against a government claim for liquidated damages. Two Court of Federal Claims cases then confirmed fears that the decision would create a significant, disruptive, and disadvantageous change in procedural posture for a large number of contractors defending against government …
A Random Walk: The Federal Circuit’S 2010 Government Contracts Decisions, Steven L. Schooner
A Random Walk: The Federal Circuit’S 2010 Government Contracts Decisions, Steven L. Schooner
GW Law Faculty Publications & Other Works
This Article discusses the Federal Circuit's 2010 government contracts cases. It begins with some perspective on, and empirical quantification of, the Federal Circuit’s level of specialization and evolving jurisprudence in the field of government contracts. It eventually turns to analysis of a hodge-podge of unrelated cases: three award controversies (or bid protests), a handful of post award performance disputes, a few selections from the ongoing behemoths of litigation in the U.S. Court of Federal Claims - Winstar and Spent Nuclear Fuel, and a potentially analogous implied warranty case. Overall, the article suggests that the Federal Circuit's 2010 government contracts cases …
Festo And The Doctrine Of Equivalents: Implications For Patent Infringement Litigation, Martin J. Adelman
Festo And The Doctrine Of Equivalents: Implications For Patent Infringement Litigation, Martin J. Adelman
GW Law Faculty Publications & Other Works
This article provides an in-depth analysis of the Federal Circuit’s en banc decision in Festo Corporation v. Shoketsu Kinzokukogyo Kabushiki Co., Ltd.Overall, “the Federal Circuit failed to expressly limit the application of the doctrine of equivalents to those accused products or processes that were not reasonably foreseeable at the time of the patent, but did limit the doctrine of equivalents by expanding the reach of the doctrine of prosecution history estoppel.” The article notes that the “key issue[s] left unsettled by Festo [are] the status of prosecution history by argument as well as the meaning of an amended limitation.”