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Court Re-Affirms Rule On CDA Interest

Client Alert | less than 1 min read | 11.14.06

In Information Int'l Assocs., Inc. (October 31, 2006) the Court of Federal Claims re-affirmed that interest on amounts found due based on a contractor's properly submitted CDA claim begins to run when the claim is submitted, even on costs the contractor does not incur until after claim submission. The Court observed that the CDA "sets a single, red-letter date for interest on all amounts found due by a court without regard to when the contractor incurred the costs" and noted that, when setting the date, "Congress was concerned with fully compensating contractors for additional costs incurred in continuing performance under a contract."

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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....