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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 | 5 min read | 08.21.26

FTC Proposes Enforcement Policy Statement on Personalized Pricing: What Businesses Need to Know

On August 19, 2026, the Federal Trade Commission (FTC) announced a proposed Enforcement Policy Statement on personalized pricing — the practice of companies using consumers’ personal data to set individualized prices, discounts, coupons, or other incentives. The proposed statement, which is open for public comment for 30 days following publication in the Federal Register, marks a major step up in the FTC’s focus on data-driven pricing strategies and puts businesses across industries on notice that undisclosed or inadequately disclosed personalized pricing will not be tolerated. Importantly, while the proposed statement is not a binding legal requirement and does not create new legal obligations, it serves as an enforcement warning that the FTC is prepared to use its existing enforcement authority under Section 5 of the FTC Act (Section 5) and is also a potential harbinger of rulemaking. Businesses that engage in — or are considering — personalized pricing should carefully assess their disclosure practices and data collection procedures against the standards articulated in this statement....

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