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EEOC Tells Court that Employers Could Be Required to Submit EEO-1 Pay Data by September 30

Client Alert | 1 min read | 04.04.19

In response to an April 3 court-ordered deadline to provide further guidance to employers regarding their EEO-1 filing obligations, the EEOC filed a submission with the court yesterday proposing that employers be required to submit 2018 EEO-1 compensation data by September 30, 2019. The agency indicated that it will hire a contractor, at a cost of over $3 million, to collect the data “including providing the processes, procedures and systems to undertake and close the collection by September 30, 2019.” The EEOC is awaiting a ruling on whether its proposal is acceptable, and has not, as yet, provided any further guidance to employers about the process, so stay tuned for further details in the coming days.

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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....