Opinions

This morning the Federal Circuit released a precedential opinion in a government contracts case appealed from the Armed Services Board of Contract Appeals. In it, the Federal Circuit reversed the Board’s rejection of the government’s claim that it was charged unallowable costs. The Federal Circuit also released a nonprecedential opinion in a patent case appealed from the Western District of Virginia. Finally, the Federal Circuit released two nonprecedential orders dismissing appeals.

Secretary of Defense v. Raytheon Co. (Precedential)

The Secretary of Defense (“Secretary”) appeals an Armed Services Board of Contract Appeals (“Board”) decision rejecting the government’s claim that Raytheon Co. (“Raytheon”) included unallowable costs in its final indirect-cost proposals for 2007 and 2008. We conclude that the Board erred in interpreting Raytheon’s corporate practices and policies, which are inconsistent with the Federal Acquisition Regulation (“FAR”), Chapter I of Title 48 of the Code of Federal Regulations, and which led Raytheon to charge the government for unallowable costs. We therefore reverse.

Tippmann Engineering, LLC v. Innovative Refrigeration Systems, Inc. (Nonprecedential)

Tippmann Engineering, LLC (Tippmann) sued Innovative Refrigeration Systems, Inc., and Michael J. McGinnis, Jr., (collectively, Innovative) for infringement of U.S. Patent No. 9,297,570 (’570 patent). Following the district court’s claim construction order, the parties stipulated to non-infringement, and the district court entered final judgment. Because we agree with the district court’s construction of the dispositive claim term, we affirm.

Dismissals