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CAS Board Adjusts Coverage Threshold

Client Alert | less than 1 min read | 06.14.07

The Cost Accounting Standards Board issued a final rule, effective June 14, 2007, adjusting the $500,000 threshold for contract coverage upward to $650,000 to be consistent with the threshold in the Truth in Negotiations Act (72 Fed. Reg. 32809). Apparently in response to comments from the Project on Government Oversight (POGO), the final rule (unlike the proposed rule published on December 15, 2005) does not increase the other CAS thresholds – such as the $7.5M “trigger” contract threshold and the $50M threshold for “full” CAS coverage and submission of a Disclosure Statement – because the CAS Board has determined that these are not “acquisition-related dollar thresholds” required to be adjusted for inflation under the FY05 Defense Authorization Act.

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Client Alert | 2 min read | 06.12.25

IPR May Be Discretionarily Denied Because of “Settled Expectations” Where Petitioner Has Long Known of Challenged Patent

Acting USPTO Director Coke Morgan Stewart issued a Director Discretionary decision on June 6, 2025, in iRhythm Technologies Inc. v. Welch Allyn Inc., IPR2025-00363, -00374, -00376, -00377, and -00378 Paper 10 (PTAB June 6, 2025). This decision granted Patent Owner’s request for discretionary denials of institution in five related IPR challenges.  It follows several recent Director decisions that have all discretionarily denied petitions for reasons other than the substantive merits of the challenges. However, this decision is the first one that relies upon “[s]ettled expectations of the parties, such as the length of time the claims have been in force,” a new consideration that was first articulated in the USPTO’s “Interim Process for PTAB Workload Management” memorandum (“Interim Memo”) dated March 26, 2025....