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CAS Price Adjustments Limited To "Affected" Contracts

Client Alert | 1 min read | 06.16.10

In Donley v. Lockheed Martin Corp. (June 10, 2010) (litigated by Crowell & Moring), the Federal Circuit affirmed the ASBCA's decision that a CAS-covered contract that was completely repriced with full disclosure after a change in accounting was not "affected" by the change and was not subject to price adjustment to reflect the impact of the change -- an argument that could also preclude price adjustments on task orders that are negotiated without reliance on cost accounting information under CAS-covered IDIQ contracts. The Court rejected the Justice Department's arguments that the repriced contract was "affected" by the change either because it had been modified rather than completely terminated and re-awarded or because the PCO's agreement to a new price constituted an impermissible "waiver" of the ACO's exclusive right to determine the impact of an accounting change.

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Client Alert | 3 min read | 11.09.26

AI and Inventorship in the U.S.: A Short Guide

Can a business patent an invention developed using artificial intelligence? Potentially, yes. Using AI does not, by itself, prevent patent protection. But only human beings can be named as inventors, and the key question remains whether the human contributors conceived the invention claimed in the patent application. For businesses using AI in research and development, the priority is to identify and document that human conception.[1]...