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At Least One Said Index" Is Identical To "Said At Least One Index

Client Alert | 1 min read | 10.10.08

An amendment changing a software claim term from "said at least one index" to "at least one said index" does not broaden the scope of the claim, a Federal Circuit panel concludes in Predicate Logic, Inc. v. Distributive Software, Inc. (No. 2007-1539; October 9, 2008).

The amendment was one of two made by an Examiner during reexamination of the patent at issue. In a motion for summary judgment, the defendant, Distributive Software, Inc. argued that the subtle change in wording impermissibly enlarged the scope of the claim and thereby rendered the reexamined patent invalid under 35 U.S.C. § 305. After conducting a meticulous analysis that included a hypothetical example, the Federal Circuit determines that it "can imagine no conceivable process . . . that would infringe the amended claim but would not infringe the original claim." Applying this test, which is the same test used for reissue claims, the Court determines that the amended claim does not broaden the scope of the original claim and the district court's finding of invalidity is reversed.

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Client Alert | 2 min read | 07.15.26

CMMC Phase II Suspension Requires Reconsideration of Such Requirements in Solicitations

As discussed in more detail here, the U.S. Department of War (DoW) recently issued a memorandum (Memo 26-P-1023, dated July 13, 2026) directing the immediate suspension of Cybersecurity Maturity Model Certification (CMMC) Phase II requirements (Level I and II self assessments are still permitted). Significantly, the memo directs that “all pending and future CMMC implementation milestones across DoW solicitations and contracts are held in abeyance until further notice.” Moreover, the DoW issued a memorandum on implementing these requirements (available here), directing agencies to issue amendments removing CMMC Level 2 and 3 requirements from active solicitations “as soon as practicable.” Contractors should monitor the government’s compliance with this requirement and should be prepared, if needed, to file a bid protest to protect their rights....

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