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Wiley Rein LLP

Federal Circuit Holds En Banc That Only “Actual or Prospective Bidders or Offerors” May Protest at COFC

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WHAT: In Percipient.ai, Inc. v. United States, the U.S. Court of Appeals for the Federal Circuit held in a 7-4 en banc decision that the definition of “interested party” under the Tucker Act (28 U.S.C. § 1491(b)(1)) remains...more

Morrison & Foerster LLP - Government...

SEKRI, INC. V. United States: Are Pre-Proposal-Submission Email Exchanges Now Enough To Avoid Blue & Gold Waiver?

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In the seminal decision Blue & Gold Fleet, L.P. v. United States, the U.S. Court of Appeals for the Federal Circuit held that “a party who has the opportunity to object to the terms of a government solicitation containing a...more

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Harmonia Holdings: Denied Pre-Award Protest Rises From The Dead Five Months Later As A Post-Award Protest

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The U.S. Court of Appeals for the Federal Circuit has issued its long-awaited decision in Harmonia Holdings Group, LLC v. United States, vacating a bid protest decision the U.S. Court of Federal Claims rendered nearly two...more

Weintraub Tobin

Can The U.S. Government Be Liable For Patent Infringement?

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The answer is “Yes” because the U.S. government has waived sovereign immunity for claims of patent infringement. This means the U.S. government can be sued for patent infringement in at least some instances. However,...more

Morrison & Foerster LLP - Government...

Stays Of Performance During A Gao Bid Protest: Federal Circuit Says That Five Days After The Debriefing Date Means Five Days After...

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The Court of Appeals for the Federal Circuit has issued a precedential decision in NIKA Technologies, Inc. v. United States, reversing a decision by the Court of Federal Claims on the timelines for securing a stay of contract...more

Morrison & Foerster LLP - Federal Circuitry

October Oral Argument Recap

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Before October is out the door, we wanted to take a moment to review the Federal Circuit’s sitting earlier this month. Looking at statistics from the October sitting, the same two things we noticed last month stood out to...more

Morrison & Foerster LLP - Federal Circuitry

Last Week in the Federal Circuit (August 10-14): Clear Skies for Boeing After No-Waiver Ruling

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Last week was apparently CFC week at the Federal Circuit, with several precedential decisions in government contracts and Tucker Act cases. Below we give our usual week’s statistics and case of the week—our highly subjective...more

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