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A Galaxy (Not) FAR Away? NASA Awards New Contracts in Space Privatization Program

Client Alert | less than 1 min read | 08.17.12

On August 3, NASA announced the award of three new Space Act Agreements to provide funding for the public-private development of spacecraft to launch crew and cargo into low-earth orbit, pursuant to NASA's Commercial Crew Integrated Capability (CCiCap) initiative. The agreements, which are not subject to FAR, are intended to develop "reliable and cost-effective access to and from the International Space Station and low Earth orbit" and ultimately allow NASA, and other government and commercial customers, to purchase spaceflight services from a private space industry.

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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....