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June 8 FAC Confirms FAR Changes

Client Alert | 1 min read | 06.09.05

FAC 2005-04, published on June 8, 2005 (70 Fed. Reg. 33654-33677), either adopts interim rules previously promulgated or makes relatively minor changes to existing rules concerning allowability of deferred compensation and post-retirement benefit costs, SDB and HUBZone evaluation preferences, Davis-Bacon Act application, telecommuting by federal contractors, incentives for performance-based contracting for services, and use of labor standards on construction contracts. The principal substantive changes in the FAC are the elimination of the commercial pricing exemption for noncommercial modifications to commercial items exceeding the greater of $500,000 or 5 percent of the total contract price (applicable only to contracts with DoD, NASA, or the Coast Guard) and complex changes to the rules concerning recognition of gains and losses and allowable rental costs in connection with sales and leaseback transactions that should be considered in planning such transactions.

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Client Alert | 6 min read | 11.26.25

From ‘Second’ to ‘First:’ Federal Circuit Tackles Obvious Claim Errors

Patent claims must be clear and definite, as they set the boundaries of the patentee’s rights. Occasionally, however, claim language contains errors, such as typographical mistakes or incorrect numbering. Courts possess very limited authority to correct such errors. The United States Court of Appeals for the Federal Circuit has emphasized that judicial correction is appropriate only in rare circumstances, where (1) the error is evident from the face of the patent, and (2) the proposed correction is the sole reasonable interpretation in view of the claim language, specification, and prosecution history. See Group One, Ltd. v. Hallmark Cards, Inc., 407 F.3d 1297, 1303 (Fed. Cir. 2005) and Novo Indus., L.P. v. Micro Molds Corp., 350 F.3d 1348, 1357 (Fed. Cir. 2003)....