Likely OCI Due to Unequal Information Access Yields PI
Client Alert | less than 1 min read | 06.17.11
In NetStar-1 Gov't Consulting, Inc. v. U.S., the Court of Federal Claims granted a preliminary injunction after concluding that an unequal access to information organizational conflict of interest was likely given that the awardee had access under a prior contract with the same agency to a database that included information regarding NetStar-1's labor categories, job categories, and fully-loaded labor rates and that efforts accepted by the CO to mitigate that OCI were ineffective. The court concluded that after-the-fact declarations by the awardee's cost proposal preparers professing a lack of access to NetStar-1's proprietary information were insufficient to establish lack of prejudice.
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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.
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