Making a List and Checking It Twice: New Rule Requires "Adequacy Checklist" with Forward Pricing Rate Proposals
Client Alert | less than 1 min read | 01.09.15
On December 11, 2014, DoD issued a final rule to instruct COs to request that contractors submit a Forward Pricing Rate Proposal "Adequacy Checklist" when submitting their FPRP. Under the rule, both the FPRP and the Adequacy Checklist are due at least 90 days before the proposed effective date of the rates, and DoD cautioned that "the proposed rates are based on forecasts and contractors must provide updates whenever the validity of the agreement may be affected."
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Client Alert | 2 min read | 11.14.25
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.
Client Alert | 6 min read | 11.14.25
Microplastics Update: Regulatory and Litigation Developments in 2025
Client Alert | 6 min read | 11.13.25
