HR-Related Coronavirus Q&A: Our Answers to Your Questions
Client Alert | 1 min read | 04.21.20
We have drafted an ‘HR-Related Coronavirus Q&A’ in response to recent developments, and we thought that it might be of interest to you. You will find this Q&A here. In it, we take a look at our clients’ most commonly asked questions regarding the impact of the virus.
The questions and answers in this Q&A are of course of a general nature and should not be considered to be comprehensive legal advice on specific questions and/or cases. Do not hesitate to contact our team if you have any specific questions and/or would like any advice with regard to a concrete situation.
You will also find ‘Coronavirus Workplace Guidelines’ for US employers, which include useful tips and recommendations of a general reach as well (EU-based employers may disregard the US-specific guidelines).
Our team will continue to closely monitor developments and keep you posted.
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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.
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