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Bring Out Your Dead: GSA Instructs Agencies to Remove Null and Void FPSW

Client Alert | 1 min read | 06.27.17

On June 12, 2017, the General Services Administration issued a Class Deviation to remove the Fair Pay and Safe Workplaces Final Rule from the FAR after President Trump signed a joint resolution (P.L. 115-11) under the Congressional Review Act disapproving the final rule on March 27, 2017. Although most of the final rule’s requirements were put on hold in October when a U.S. District Court judge in Texas granted a preliminary injunction (discussion available here), paycheck transparency requirements at FAR clause 52.222-60 became effective on January 1, 2017. In this Class Deviation, GSA instructs agencies to not wait for formal rescission of the rule, but to take all necessary steps to comply with the joint resolution, including ensuring that new solicitations do not include FAR clause 52.222-60 and amending solicitations or modifying contracts to remove FAR clause 52.222-60 if included in either.

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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....