OMB Announces New "Goal" for Agencies to Accelerate Payments to Small Businesses
Client Alert | less than 1 min read | 09.20.11
On the heels of the announcement of the President's latest jobs initiative, on September 14, 2011, OMB established a new policy that agencies should accelerate payments to small business contractors, with a goal of making payments to small businesses within 15 days of receiving appropriate invoicing documents. As the policy makes no revisions to the Prompt Payment Act and imposes no new penalties for failing to achieve the 15-day goal, the degree of actual agency implementation will determine whether this is an effective first step toward improving small businesses' cash flow.
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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.
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