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Recovery Act Buy American Provision: Good News For Canadian Suppliers

Client Alert | less than 1 min read | 03.30.10

On March 25, 2010, OMB issued amended guidance on implementation of the Buy American provision of the American Recovery and Reinvestment Act of 2009, 75 Fed. Reg. 14323, effective immediately, which (1) changed the threshold that applies to international agreements from $7,430,000 to $7,804,000; (2) added Chinese Taipei (Taiwan) as a party to the WTO Government Procurement Agreement; and (3) added the Canada/US Agreement on Government Procurement, effective February 16, 2010. That agreement, among other things, opens up certain Recovery-Act funded programs of the Rural Utilities Service, Ag Dept., DoE, HUD, and EPA to Canadian iron, steel, and manufactured goods.

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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....