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Biden Administration Announces Streamlining of Paycheck Protection Program as Part of White House Covid Plan

Client Alert | 1 min read | 09.23.21

On September 9, 2021, President Biden announced a six-pronged plan to combat COVID-19, which Crowell previously discussed here.  One prong of the plan is to protect the economy, an aspect of which is the streamlining of the existing Paycheck Protection Program (“PPP”) loan forgiveness process. 

Under the PPP, loans to small businesses can be forgiven if the business demonstrates that it used the loan funds to keep its employees on payroll.  In order to receive forgiveness, all borrowers previously had to complete the loan forgiveness application and submit it to their PPP lender.  Per the new streamlined process, for loans of $150,000 or less, SBA will send a pre-completed application form to the borrower, who will then review, sign, and send the form back to SBA.  SBA then works directly with the lender to complete the forgiveness process. 

SBA has already started utilizing this new process as of August 4, 2021.  Lenders are required to opt-in to the program through https://directforgiveness.sba.gov, with over 600 banks already opting into direct forgiveness.  SBA estimates that 6.5 million small businesses would be eligible for the streamlined process.  SBA says that more than 820,000 small businesses have already applied for forgiveness using the new process, with borrowers spending an average of 6 minutes on the application and 60% of applicants completing the process on their mobile phone.

Crowell will continue to monitor, and provide updates, regarding the use of this streamlined process.

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Defining Claim Terms by Implication: Lexicography Lessons from Aortic Innovations LLC v. Edwards Lifesciences Corporation

Claim construction is a key stage of most patent litigations, where the court must decide the meaning of any disputed terms in the patent claims.  Generally, claim terms are given their plain and ordinary meaning except under two circumstances: (1) when the patentee acts as its own lexicographer and sets out a definition for the term; and (2) when the patentee disavows the full scope of the term either in the specification or during prosecution.  Thorner v. Sony Comput. Ent. Am. LLC, 669 F.3d 1362, 1365 (Fed. Cir. 2012).  The Federal Circuit’s recent decision in Aortic Innovations LLC v. Edwards Lifesciences Corp. highlights that patentees can act as their own lexicographers through consistent, interchangeable usage of terms across the specification, effectively defining terms by implication....