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Difficulty In Articulating Description Is Relevant To A Determination Of Indefiniteness

Client Alert | 1 min read | 06.12.06

In Xerox Corp. v. 3Com Corp , (No. 04-1470), the Federal Circuit reverses in part, vacates in part and remands the district court's summary judgment of invalidity of U.S. Patent No. 5,596,656 (“the ‘656 patent'). Xerox brought suit against 3COM alleging infringement of the ‘656 patent by the “Graffiti” system used in 3Com's PalmPilot devices. The Federal Circuit, which had previously remanded this case on two separate occasions, finds that the district court erred in concluding the term “sloppiness space” is insolubly ambiguous and thereby invalid. The specification, although not considered as providing a rigorously precise description, is deemed nonetheless to provide adequate guidance, “particularly in light of the difficulty in articulating a more exact standard for the concept.”

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Client Alert | 14 min read | 03.13.26

AI for Government: 7 Days for Contractor Comments on GSA Proposed Contract Clause for AI Systems

On March 6, 2026, the General Services Administration (GSA) issued a significant proposed contract clause, GSAR 552.239-7001, Basic Safeguarding of Artificial Intelligence Systems (“Clause”), for inclusion in GSA Schedule solicitations and contracts for AI capabilities.  The proposed clause would impose substantial new requirements related to AI sources, intellectual property rights, data use, change management, and performance standards.  The Clause would also take precedence over any other contract terms (including commercial licensing terms) related to AI, including a Seller’s terms of sale and service to which the Government had previously agreed.  GSA requests comments by March 20, 2026....