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Legal Privilege in Internal Investigations Analyzed

Client Alert | 1 min read | 09.02.15

The latest ABA Criminal Justice magazine features an article by C&M attorneys, "The Evolving Landscape of Legal Privilege in Internal Investigations." In the article, we analyze a series of high profile cases involving disputes over the attorney-client privilege and work product doctrine, and we provide insights on avoiding potential pitfalls (the D.C. Circuit's August 2015 opinion upholding privilege in the KBR dispute is explored in Crowell and Moring's August 12, 2015 Client Alert).


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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....