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Substantial Changes To CAS Administration Regulations

Client Alert | 1 min read | 03.16.05

Final rules, effective April 8, 2005, concerning proposed changes to CAS administration requirements that have been pending since April 2000 were promulgated on March 9, 2005 (70 Fed. Reg. 11743-61). The new regulations will be discussed in detail at the upcoming OOPS/WOOPS programs on March 31-April 1/April 14-15, but some of the highlights include:

  • When there is a CAS noncompliance, contract price adjustments may be required for closed contracts and closed years,
  • Improvement in the definition of "desirable" and "required" changes may permit contractors to avoid price adjustments,
  • Retroactive accounting changes are permitted in limited circumstances,
  • Widely criticized proposals to prohibit offsets between FFP and flexibly-priced contracts were abandoned, and
  • Estimates to complete rather than original cost estimates must be used to determine cost impact on FFP contracts.

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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)....

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