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Cyberthreats & Homeland Security: Stopping A Digital Pearl Harbor

Client Alert | 1 min read | 07.19.06

As the Department of Homeland Security (the "focal point" of cybersecurity) receives yet another "F" on its annual information security report card, Congress and others are asking, "Is the Government ready for a digital Pearl Harbor?" ( e.g., House Gov't Reform Comm., Mar. 14, 2006).  In "Pulling the Plug on the Power Grid:  Cyberthreats and Homeland Security Challenges," published in the ABA's SciTech Lawyer (Spring 2006 http://www.crowell.com/pdf/newsroom/Bodenheimer_SciTech.pdf), C&M's David Z. Bodenheimer addresses the mounting concerns and challenges for Homeland Security in building defenses against cyber attacks on the nation's $1 trillion power grid, an essential component of America's critical infrastructure. 

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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....