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2-for-1: The Price of New Regulations under the Trump Administration

Client Alert | less than 1 min read | 01.31.17

On January 30, 2017, President Trump issued an Executive Order informing agencies that “for every one new regulation issued, at least two prior regulations” must “be identified for elimination.” Details of this are discussed more fully in our blog post. According to the Order, guidance on implementation will be forthcoming from the Director of the Office of Management and Budget.

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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....