Small Biz Get An Extra Two Years for Revenue Lookback
Client Alert | 1 min read | 12.20.18
On December 17, 2018, President Trump signed into law H.R. 6330, Small Business Runway Extension Act of 2018, which amends the Small Business Act to extend the time period over which the size standard is measured for business concerns providing services. Whereas previously the Small Business Act used the annual average receipts over a three-year period to determine size for services contracts, size for services contracts will now be measured by the annual average receipts over a five-year period. The act does not amend any revenue limits or impact size standards for manufacturing contracts which are based on employee count. While the change to the act is effective immediately, the Small Business Administration has yet to implement the corresponding changes to its regulations and we expect them to do so shortly.
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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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