The End is Near: DCAA Projects End of Incurred Cost Backlog by FY 2018
Client Alert | 1 min read | 06.11.18
The Defense Contract Audit Agency (DCAA) recently made public its Fiscal Year 2017 Report to Congress, which, among other things, provides an update on incurred cost audits. According to DCAA, it is “on track to eliminate the backlog by the close of FY 2018” as it now has “under 3,000 incurred cost years in [such] backlog….” However, it is important to remember that DCAA does not consider an audit backlogged unless it is “older than two fiscal years.”
The report also covers other aspects of incurred cost audits (e.g., sustained audit exceptions), which are discussed more fully in our blog post on the topic.
Insights
Client Alert | 2 min read | 05.27.25
Federal Circuit Resolves Circuit Split on Scope of IPR Estoppel
As part of the 2012 America Invents Act, statutory estoppel was included to balance the interests of patent owners and patent challengers following an inter partes review (“IPR”). Estoppel prevents an IPR petitioner from later asserting in court that a claim “is invalid on any ground that the petitioner raised or reasonably could have raised” during the IPR. 35 U.S.C. § 315(e)(2). As applied, estoppel prevents petitioners from later relying in district court or in ITC proceedings on most patents or printed publications – the limited bases upon which petitioner can rely in an IPR. But a question remained, and contradictory district court decisions arose, as to whether petitioners would be estopped from relying on a prior art commercial product (known as “device art,” which could not itself have been raised in the IPR) even if a printed publication describing the product (i.e. a patent or technical manual) was available and presumably could have been raised.
Client Alert | 6 min read | 05.27.25
U.S. Departments of State and Treasury Issue Immediate Sanctions Relief for Syria
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Executive Order Seeks Most-Favored-Nation Drug Pricing and HHS Announces Price Targets
Client Alert | 4 min read | 05.22.25
Opportunities for Procurement on the Horizon as UK Concludes Free Trade Agreement With India
