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Section 889 Roll-Out Continues with OMB Revised Guidance for Federal Grants and Agreements

Client Alert | 1 min read | 08.13.20

Today, August 13, the Office of Management and Budget (OMB) published a series of changes to the OMB Guidance for Grants and Agreements, including the addition of 2 CFR 200.216, Prohibition on certain telecommunication and video surveillance services or equipment, which prohibits grant and loan recipients and subrecipients from using federal funds to enter into, or renew, contracts for equipment, services, or systems that use covered telecommunications equipment or services as a substantial or essential component of any system or critical technology as part of any system. This change is intended to implement the prohibition on Huawei, ZTE, and other covered telecommunications equipment and services issued in the 2019 National Defense Authorization Act Section 889. OMB has added a new definition for telecommunications and video surveillance costs and has clarified that costs for telecommunications and video surveillance services or equipment are allowable except for covered telecommunications equipment and services which are unallowable. Federal awarding agencies are required to prioritize funding for entities to transition from covered communications equipment and services, to procure replacement equipment and services, and to ensure the communication service to users and customers is sustained.

For additional information about recent Section 889 updates, see Crowell’s previous alerts:

FAR Council Published 2019 NDAA Section 889(a)(1)(B) Interim Rule Further Prohibiting Use of Huawei, ZTE, and Others’ Telecommunications Technology by Contractors

GSA Requiring Mass Modification to MAS Solicitation and Will Issue Mass Bilateral Modifications to All Multiple Schedule Contracts to Prohibit Use of Huawei/ZTE Equipment

Insights

Client Alert | 2 min read | 11.14.25

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....