GAO Repeats Protective Order Warning
Client Alert | less than 1 min read | 04.03.08
In denying the motion for reconsideration of its dismissal of the protest in PWC Logistics Servs. (Mar. 31, 2008) for breach of the protective order by the client retaining for a week protected material and distributing it within the company, GAO repeated that this case is to serve as a warning to other protestors: if the client receives from its attorneys any materials that are marked as subject to protective order, they are immediately to close and return or destroy the materials, and their attorneys are to provide prompt notice of the violation.
Insights
Client Alert | 2 min read | 11.14.25
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.
Client Alert | 6 min read | 11.14.25
Microplastics Update: Regulatory and Litigation Developments in 2025
Client Alert | 6 min read | 11.13.25
