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EEO-1 Reports Due March 31st

Client Alert | 1 min read | 03.14.18

As we enter the Ides of March, a reminder to all employers with 100 or more employees, and all government contractors/first-tier subcontractors with 50 or more employees and a contract of at least $50,000, that the 2017 EEO-1 report must be filed by March 31, 2018. 

2017 revisions to the EEO-1 Report changed the annual filing date from September 30 to March 31, and would have required employers to submit compensation and hours data in addition to the standard workforce representation data.  Employers received a reprieve from the compensation and hours data obligations in August 2017 when the Office of Management and Budget issued a stay of those portions of the revised Report.  The change to the filing deadline, however, remained in place.  As such, employers must now use a payroll period between October 1 and December 31, 2017 as the basis for the submission, and must file their 2017 EEO-1 Report by March 31, 2018. 

So for those who were used to filing in the Fall, and may not have the filing date on their Spring calendars, don’t forget to submit by the March 31 deadline. 

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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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