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Final Draft of NIST SP 800-171A Gives Contractors Something to Sample

Client Alert | 1 min read | 03.01.18

Last week, the National Institute of Standards and Technology (NIST) released its Final Draft of NIST Special Publication (SP) 800-171A, which will again be open for comment through March 23, 2018.  First proposed in November, the publication provides guidance to both contractors and agencies regarding how to conduct assessments under the prominent cybersecurity standard NIST SP 800-171, which lays the foundation for how contractors must protect all forms of Controlled Unclassified Information, including Covered Defense Information.  The Final Draft may be most notable for what it references but does not actually include:  In response to initial comments requesting sample system security plan (SSP) templates, the Final Draft explains that NIST will post sample templates to its Computer Security Resource Center.  Not wasting any time, sample templates of both a SSP and Plan of Action & Milestone (POAM) document are already available.  

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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....