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Mining Law Monitor - Volume 25, Issue 1 - (Summer 2009)

Client Alert | 11 min read | 08.01.09


Click here to download a PDF of the Mining Law Monitor.

Included Articles:

  • D.C. Circuit Upholds MSHA Jurisdiction On Mine Access Road
  • MSHA's Broken Plan Approval Process: A Call For Action
  • As If Things Weren't Already Bad Enough: Flagrant Violations Under The Miner Act
  • Major Supreme Court Victory For Mining Industry Under Clean Water Act
  • The Advantages To A Strategic Purchaser To Acquire Distressed Assets In Bankruptcy
  • Seven Senior Lawyers Join C&M's Environment and Natural Resources Practice

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....