EPA Administrator’s Resignation Letter Touts CAFO Rule Among Environmental Achievements
Client Alert | less than 1 min read | 05.25.03
EPA Administrator Christie Whitman tendered her resignation to President Bush on May 20, citing her wish to return to her home and family in New Jersey. Whitman praised the Bush Administration's “strong belief that environmental protection and economic prosperity can and must go hand-in-hand.” She also specifically identified EPA's revised CAFO regulations among several key accomplishments of the agency during her tenure. According to Whitman, “[i]mprovements to the rules governing Concentrated Animal Feeding Operations will protect surface water by requiring reductions of at least 25 percent in runoff of nitrogen and phosphorous from those large agricultural operations.” Administrator Whitman's resignation letter is posted on EPA's website.
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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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