Developer And Contractor Obligations In CHIPS Act-Funded Construction Projects

The Situation: The CHIPS Act provides over $50 billion in the form of grants, loans, loan guarantees, and other programs to incentivize semiconductor manufacturing in the United States. The U.S. Department of Commerce recently began accepting applications for funding of projects covered by the CHIPS Act.

Background: A requirement of receiving CHIPS Act funding is compliance with the prevailing wage obligations of the Davis-Bacon Act (“DBA”). The Obama administration previously interpreted a nearly identical requirement in the […]

By | May 6th, 2023 ||

Context Is Key In Claim Construction

The US Court of Appeals for the Federal Circuit reiterated that intrinsic evidence trumps extrinsic evidence in determining the meaning of claim terms. Sequoia Technology, LLC v. Dell, Inc. et al., Case Nos. 21-2263; -2264; -2265; -2266 (Fed. Cir. Apr. 12, 2023) (Stoll, Lourie, Dyk, JJ.)

Sequoia Technology owns a patent directed to data storage methods involving storing the same data across multiple physical disk drives to make up a virtual disk drive. Sequoia asserted the […]

By | April 29th, 2023 ||

Nailing Two New Challenges In Minnesota Construction Contracting

The construction landscape is constantly shifting, with new issues coming to the forefront and new delivery methods changing how construction services are rendered. Yet, all too often companies pull out the same tired form contract that has been used for years and/or neglect to revisit legacy employer policies and practices. To mitigate risk and avoid expensive mistakes, it is essential for companies to review their construction contracts and employer practices so they evolve as […]

By | April 14th, 2023 ||