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Further Progress On What Used To Be The Berry Amendment

Client Alert | less than 1 min read | 07.05.07

For acquisitions of commercially available off-the-shelf (COTS) items, DOD has proposed to amend the DFARS to waive application of the statutory preference for domestic and qualified-country sourced specialty metals, formerly part of the Berry Amendment, but now codified at 10 U.S.C. 2533b (72 Fed. Reg. 35960 (July 2, 2007)) If adopted as a final rule, this waiver would be a major step toward making full compliance with the impractical statutory requirements a real possibility.

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Client Alert | 2 min read | 04.15.26

Who Invented That? When AI Writes the Code, Patent Validity Issues May Follow

In Fortress Iron, LP v. Digger Specialties, Inc., No. 24-2313 (Fed. Cir. Apr. 2, 2026), the U.S. Court of Appeals for the Federal Circuit reaffirmed what happens when a patent incorrectly lists the true inventors, and that error cannot be corrected under 35 U.S.C. § 256(b), which requires notice and a hearing for all “parties concerned.” In Fortress, the patent owner sought judicial correction to add an inventor under § 256(b), but that inventor could not be located. Because the missing inventor qualified as a “concerned” party under the statute, the lack of notice and a hearing for that inventor made correction under § 256(b) impossible, and the patents could not be saved from invalidity....