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Small Biz Get An Extra Two Years for Revenue Lookback

Client Alert | 1 min read | 12.20.18

On December 17, 2018, President Trump signed into law H.R. 6330, Small Business Runway Extension Act of 2018, which amends the Small Business Act to extend the time period over which the size standard is measured for business concerns providing services. Whereas previously the Small Business Act used the annual average receipts over a three-year period to determine size for services contracts, size for services contracts will now be measured by the annual average receipts over a five-year period. The act does not amend any revenue limits or impact size standards for manufacturing contracts which are based on employee count. While the change to the act is effective immediately, the Small Business Administration has yet to implement the corresponding changes to its regulations and we expect them to do so shortly.

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Client Alert | 5 min read | 09.03.25

If You’re Not First, You’re Last: Federal Circuit’s First Review of an AIA Derivation Proceeding

Nearly a decade and a half after the passage of the Leahy-Smith America Invents Act (“AIA”), the Federal Circuit finally had its first occasion to review an appeal of a derivation proceeding that was litigated before the Patent Trial and Appeal Board (“Board”) in Global Health Solutions LLC v. Selner. This case provides helpful guidance for patent litigators regarding the proper legal framework in a derivation proceeding and serves as a reminder that patent applications should be filed as soon as possible. As the facts of this case show, it is important that inventors retain documents and other evidence of the conception of their invention, as well as its communication to others, should there be any challenge to their invention....

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