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Cyber Barbarians & Federal Data Breaches In 2006

Client Alert | 1 min read | 10.25.06

In 2006, the lost Veterans Affairs laptop compromising the personal information of 26.5 million veterans represented just one of the hordes of information security breaches that flooded federal agencies, triggering Congressional hearings, GAO and IG investigations, and new OMB information security standards for federal agencies and contractors alike. In his article "When Cyber Barbarians Storm the Security Walls: The Mounting Risks of Security Breaches to Federal Agencies & Contractors" published in the Federal Contracts Report on October 3, 2006 (http://www.crowell.com/pdf/Security-Breach_Bodenheimer.pdf), David Z. Bodenheimer identifies the evolving rules governing federal information security and explains how the escalating federal outsourcing trends mean greater opportunities for contractors in the IT and cybersecurity business, but also that such opportunities come with mounting risks of tougher Congressional scrutiny, federal enforcement actions, and third-party litigation.

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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....

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