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DOJ Announces $3B in False Claims Act Recoveries

Client Alert | 1 min read | 01.10.20

The Department of Justice announced that it recovered more than $3 billion in settlements and judgments from False Claims Act matters in Fiscal Year 2019. The release may be found here. In addition to describing in detail significant cases, the press release covers:

  • $2.6 billion in healthcare related recoveries
  • 633 qui tam suits filed
  • Research and grant misconduct by universities leading to more than $100 million in settlements
  • Penalties and damages imposed against individuals/company executives

This annual press release is an important tool for companies to understand FCA enforcement trends. Among other things, the press release offers a broad window into the state of False Claims Act risks and provides an opportunity for companies to review their compliance programs and address emerging issues or gaps that may exist.

For more information, join Crowell & Moring lawyers for a webinar discussing emerging False Claims Act risks for 2020 and beyond on Wednesday, January 15 from 1-2:30pm eastern. Registration is available here.

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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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