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Mining Law Monitor - Volume 20, Issue 1 - (Winter 2003)

Client Alert | less than 1 min read | 03.07.03

  • "The Use of Business Aircraft: It's All in the Details," Author: Eileen M. Gleimer.
  • "The Data Quality Act: Toward Greater Accountability in Regulation," Co-Authors: Edward M. Green and Richard J. Mannix.
  • "Changing Campaign Law May Mean Changes for Your Corporate PAC," Co-Authors: Beth Nolan and F. Ryan Keith.
  • "FMSHRC in 2002: The Year in Review," Author: Timothy M. Biddle.

Insights

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....