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Federal Court and Agency E-Discovery Rules and Guidelines

Client Alert | 1 min read | 02.21.13

With the increased importance of e-discovery in litigation and investigations, many federal district courts and government agencies have enacted specific rules, forms, or other guidance addressing the discovery of electronically stored information (ESI) and governing the conduct of practitioners as it relates to ESI. To help you keep informed of these rules, regulations, and guidelines as you litigate, Crowell & Moring's E-Discovery and Information Management group has compiled a collection of websites for rules, forms, and guidelines -- from both federal courts and government agencies -- by jurisdiction and/or agency. 

You can find these rules here or at the EDIM group's blog. Please keep in mind that individual judges or agencies may have enacted their own specific or preferred protocols (such as through standing orders) relating to e-discovery that may not be included among the web pages we have compiled.

Insights

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....