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Cyber Regs Toughened Up

Client Alert | 1 min read | 03.13.12

As Congress continues to mull competing proposals for new cyber legislation, federal agencies have moved ahead under existing statutory authority to tighten and toughen the regulations and standards governing cybersecurity for government contractors. In a recent Briefing Paper published by Thomson West, David Bodenheimer and Jon Baker of Crowell & Moring address the escalating cyber threats driving this trend, the existing statutory and regulatory framework imposing information security requirements, and the fundamental elements necessary for a sound cybersecurity program -- including compliance procedures, continuous monitoring, and security controls specified by the National Institute of Standards and Technology (NIST).


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....