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Federal Circuit Panel Once Again Splits on Claim Construction

Client Alert | 1 min read | 04.24.07

In Acumed LLC v. Stryker Corp. (No. 2006-1260, April 12, 2007), a Federal Circuit panel offers a split decision regarding the proper construction of a single term in the claims. According to the dissent, the district court used a dictionary as the starting point when defining each disputed term. Therefore, the dissent argues that the district court’s method actually led them astray from a proper claim construction. The majority counters by simply noting that a proper de novo review prohibits the court from considering the logic or definitions used by the lower court to reach the correct construction. Rather, the majority explains, “[w]e review only the district court’s finished product, not its process” and the unorthodox methods used by the district court during the Markman hearing are legally irrelevant.

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Client Alert | 7 min read | 11.05.26

2026 State Attorney General Elections: What Businesses Should Expect

As of November 4, 2026, the state attorney general elections point to increased enforcement in 2027, particularly in consumer protection, antitrust, AI, health care, and data centers.[1] Businesses should prepare for more investigations under existing laws and proposals for new legislation or rules. Campaign commitments indicate priorities, but their timing and implementation remain uncertain.[2]...