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Happy Holidays From The Far Council -- Proposed Restrictions On Allowable Airfare

Client Alert | 1 min read | 12.21.07

In a proposed change to FAR 31.205-46(b) (72 Fed. Reg. 72325 (Dec. 20, 2007)), the FAR Council is seeking public comments on a proposal to change the standard for allowable airfare from "the lowest customary standard, coach, or equivalent airfare offered during normal business hours" to nothing "in excess of the lowest priced coach class, or equivalent, airfare available to the contractor during normal business hours." While it appears from the comments in the proposed regulation and what is known about the background of this proposal that the principal purpose of the proposal is to measure the unallowable cost attributable to premium airfares by disallowing the excess over the lowest available discounted airfare available, the proposal obviously has the potential for creating serious difficulties for all contractors and all travel where the lowest price "available to the contractor" is determined in an ephemeral internet market that changes literally from minute to minute and depends on a variety of factors including the fliers' willingness to accept advance purchase and minimum stay requirements, restrictions on changes and refundability, and choice of carrier.

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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....