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SBA Proposes To Relax Employee-Based Size Standard

Client Alert | less than 1 min read | 08.03.07

On July 27, 2007, the U.S. Small Business Administration issued a proposed rule to simplify and relax the way in which it determines whether an entity complies with an employee-based size standard. Instead of the current method, which uses a rolling average of the number of employees over the previous 12 months, the proposed method is based on the average number of employees over the last three completed calendar years and will not only require less frequent updates to an entity's size status but also allow a greater number of contractors that have experienced growth in the past several years to still qualify as small.

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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)....