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Cybersecurity Maturity Model Matures: DoD Adds New Requirements to Draft Cybersecurity Certification

Client Alert | 1 min read | 09.10.19

The Defense Department has released Revision 0.4 of its Cybersecurity Maturity Model Certification (CMMC) that, starting next year, independent auditors are to use to certify contractor compliance with DoD cybersecurity requirements.  Revision 0.4 more than doubles the number of cybersecurity controls across the CMMC’s five maturity “Levels.”  But the DoD emphasizes that it will further down-select these controls and that mature contractor processes may counteract gaps in the final controls’ implementation.  In addition to NIST SP 800-171 (the default standard under DFARS 252.204-7012), Revision 0.4 now incorporates requirements from the NIST Cybersecurity Framework, ISO 27001, and CIS Critical Security Controls, as well as from “additional DIB inputs.”  Notably missing is NIST SP 800-171B, which remains under review.

The DoD is requesting feedback on Revision 0.4 through September 25, 2019, and plans on releasing Revision 0.6 for comment in November 2019.   The final CMMC is expected in January 2020. 

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Defining Claim Terms by Implication: Lexicography Lessons from Aortic Innovations LLC v. Edwards Lifesciences Corporation

Claim construction is a key stage of most patent litigations, where the court must decide the meaning of any disputed terms in the patent claims.  Generally, claim terms are given their plain and ordinary meaning except under two circumstances: (1) when the patentee acts as its own lexicographer and sets out a definition for the term; and (2) when the patentee disavows the full scope of the term either in the specification or during prosecution.  Thorner v. Sony Comput. Ent. Am. LLC, 669 F.3d 1362, 1365 (Fed. Cir. 2012).  The Federal Circuit’s recent decision in Aortic Innovations LLC v. Edwards Lifesciences Corp. highlights that patentees can act as their own lexicographers through consistent, interchangeable usage of terms across the specification, effectively defining terms by implication....

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