How to Limit COVID-19 Related Legal Claims
Client Alert | less than 1 min read | 01.11.21
In their Commentary, “How to Limit COVID-19 Related Legal Claims” in the January 2021 issue of Engineering News-Record, Meagan Bachman and Josh Lindsay of C&M discuss advice for limiting and mitigating the disputes that are coming as a result of COVID-19-related disruptions to construction projects. Even as the first vaccines are distributed around the globe, sustained challenges and cost and time impacts to projects can be expected. But there also are opportunities to mitigate the deleterious effects of COVID-19 and reduce the possibility of large-scale disputes down the road.
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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
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