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Cyber Spies Stealing Corporate Secrets & Technology

Client Alert | 1 min read | 04.09.14

With cyber heists plundering $1 trillion in global intellectual property (per President Obama) and driving "the greatest transfer of wealth in human history" (per NSA Director Alexander), corporations face bet-the-company threats when cyber attacks and data breaches empty their intellectual property vaults, torpedo their mergers and business deals, and crush their stock prices. In their recent article, "Pillaging the Digital Treasure Troves: The Technology, Economics, and Law of Cyber Espionage," published in the ABA's The SciTech Lawyer (Winter 2014), C&M attorneys David Bodenheimer and Gordon Griffin explore the methods employed by cyber spies to steal corporate IP and trade secrets, discuss the economic impact of cyber theft at the individual corporate level (i.e., the business case for cybersecurity), and the looming litigation, regulatory, and enforcement risks to corporations suffering technology and IP losses as a result of cyber thefts.


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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....