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E.U. Starts In-Depth Investigation Into Google/DoubleClick Deal

Client Alert | less than 1 min read | 11.15.07

European Union regulators continue their investigation of the potential impact on competition of Google's proposal to buy DoubleClick by opening a "second phase," which will extend the investigation for approximately four months. The deal is already under scrutiny in the U.S. after competitors such as Yahoo Inc. and Microsoft Corp. expressed concerns that the combination would hurt competition in the $40.6 billion global online-advertising market. In the E.U., publishers have also urged regulators to look at how Google's bid for DoubleClick may reduce advertising choices for media companies.

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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....