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The DoD's Own Cyber Monday: Defense Department Releases CMMC Assessment Guides

Client Alert | 1 min read | 12.09.20

Fresh off the heels of the DFARS Interim Rule, the Department of Defense (DoD) released Assessment Guides for Levels 1 - 3 of the Cybersecurity Maturity Model Certification (CMMC). These Guides will be used by Certified Assessors to determine whether contractors have satisfied the practices and processes required to attain CMMC certifications at the level needed to be awarded future DoD contracts. These new assessment procedures, which DoD calls “authoritative,” are leveraged from NIST SP 800-171A, the NIST guidance used to assess compliance with NIST SP 800-171. 

A notable inclusion in the Levels 2 – 3 Guide is the assessment criteria used to evaluate a contractor’s implementation of processes for each of the 17 CMMC Domains. Under the CMMC, the DoD has stated that contractors will not be certified at CMMC Levels 2 and above if the contractor has not satisfied both the technical practices and process maturity for the desired level.

These Guides will provide useful insights as contractors prepare for the DoD’s phased implementation of CMMC requirements into all DoD contracts over the next 5 years. 

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Client Alert | 3 min read | 04.23.24

From the Highchair to the Courtroom: Federal Circuit Serves Up Helpful Guidance on Equitable Defenses in Childproof Placemat Patent Dispute

The Federal Circuit’s recent decision in Luv n’ Care v. Laurain provides a cautionary tale for patentees. Disclosing prior art to the Patent and Trademark Office (PTO) is not enough to insulate against a finding of inequitable conduct, particularly where a patentee mischaracterizes that prior art and the PTO’s patentability determination may have differed had the patentee accurately described the prior art. Misconduct by the patentee during litigation can also lead to a finding of unclean hands that bars the patentee from relief for alleged infringement against the opposing party in that litigation....