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Bah Humbug: Appropriations Bill Contains Lump of Coal for DoL on "Fair Pay" Funding

Client Alert | less than 1 min read | 12.21.15

The FY 2016 Omnibus Appropriations bill, passed on December 18, 2015, did not appropriate funds to establish an Office of Labor Compliance within DoL to implement the "Fair Pay and Safe Workplaces" Executive Order, as requested by the Obama Administration. By declining to appropriate the requested funds, Congress pumped the brakes on the implementation of the EO, which, as described here, would impose burdensome compliance and reporting obligations on federal contractors and subcontractors.

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....