US and Canada Thaw Relations By Reducing Buy American Friction
Client Alert | 1 min read | 02.05.10
The U.S. and Canada announced today a tentative agreement that would (1) provide certain permanent and reciprocal commitments under the WTO Agreement on Government Procurement (GPA) with respect to access to provincial, territorial, and state procurements and (2) temporarily provide Canadian suppliers access to certain state and local public works projects funded under the Recovery Act -- specifically those types of projects from which they were not traditionally excluded by statute (e.g., EPA, HUD and Energy) but were under the broader provision of the Recovery Act -- while in return temporarily provide U.S. suppliers access to a range of construction contracts across Canada's provinces and territories (as well as a number of municipalities). The agreement is subject to completion of each country's domestic approval process which the Canadians [press release] hope could be concluded by February 16, but on the U.S. side will require at least agency waivers under Section 1605 of the Recovery Act and amendment to Note 5 in the General Notes to U.S. GPA Annexes.
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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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