International Trade Bulletin - Volume 1, Issue 16
Client Alert | 2 min read | 10.18.06
Inside this issue:
- TRENDS IN TRADE REMEDIES IN THE SPOTLIGHT
- U.S. Trade Remedy Investigation: Since the late 1970's, U.S. industry has relied on the antidumping law to guard against imports sold at less than fair value and the countervailing law to guard against imports bolstered by certain government subsidies
- EU Antidumping Investigations: With more than two and a half months still remaining before the end of the calendar year, the European Union is on track to establish a seven year high for new anti-dumping investigations
- EUROPE IN THE SPOTLIGHT
- Three Pillars to Form Future Focus of EU Trade Policy: The European Union has announced that bilateral trade agreements, protection of intellectual, property rights in third countries and a reinforced market access strategy are to be the building blocks of future EU trade policy
- Allocation of EU Top Level Domain Names Under Attack: EURID, the European authority for .eu domain names, has announced that it has released 74,000 domain names that it had previously decided to withhold on the grounds that the names were not rightfully registered
- INTELLECTUAL PROPERTY: The United States, the European Union and Japan express serious concerns over China's IPR protection activities prior to upcoming WTO review
- FREE TRADE AGREEMENTS: The upcoming elections may spell trouble for the Bush administration's free trade agenda
- SANCTIONS: United States sets up Cuba Sanctions Enforcement Task Force to crack down on Cuba sanctions infringements and violations
- FCPA: U.S. extends its long jurisdictional arm to enforce the Foreign Corrupt Practices Act abroad
- CUSTOMS CLASSIFICATION: After Doha: Practical Approaches for Cutting the Costs of Trade
- OUTSOURCING: India's outsourcing industry has come under fire for a number of security breaches involving bank and other confidential information which highlights some of the dangers of outsourcing
- PRIVACY: EU and U.S. authorities finally reach an interim agreement bringing closure (at least for now) to the stand-off on EU-US Passenger Name Record (PNR) data transfers
- CROWELL & MORING NEWS: European Commission, DG-Trade, adopts Crowell & Moring Report on the EU's Market Access Database
Contacts
Insights
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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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