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Government Contracts Training - GC 101 and OOPS

Client Alert | less than 1 min read | 08.12.20

The Government Contracts Group is pleased to announce that our GC 101 and OOPS conferences have been scheduled for 2020. GC 101 will be held September 21-25, 2020 and OOPS will be held October 19-22, 2020. Both will take place virtually over the course of several days. The format will be different, but our practitioners will still provide the same high quality information. Registration information, including agendas, can be found here for GC 101 and here for OOPS. We hope you will join the Crowell team for these special events!

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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....