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.
Insights
Client Alert | 8 min read | 04.17.26
CMS Finalizes CY 2027 Medicare Advantage and Part D Rule: Key Implications for Plan Sponsors
On April 6, 2026, the Centers for Medicare & Medicaid Services (CMS) published its final rule governing the Medicare Advantage (Part C) and Prescription Drug Benefit (Part D) programs for Contract Year (CY) 2027. The final rule is effective June 1, 2026, with most provisions applicable to coverage beginning January 1, 2027, and marketing and communications changes taking effect October 1, 2026. Beyond payment, the rule pursues a broad deregulatory agenda aligned with Executive Order 14192, reversing marketing and enrollment safeguards introduced in 2023 and easing documentation and reporting obligations, while introducing new program integrity requirements.
Client Alert | 3 min read | 04.17.26
Client Alert | 2 min read | 04.16.26
Client Alert | 4 min read | 04.16.26
ROI Tracking as Mens Rea? Novartis Ruling Reframes AKS Pleading Risk
