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New Electronic Discovery Rules Approved

Client Alert | less than 1 min read | 04.19.06

As will be discussed in more detail at our upcoming Ounce Of Prevention Seminars in D.C. (April 27-28) and Irvine (May 11-12), the United States Supreme Court recently approved each of the proposed amendments to the Federal Rules of Civil Procedure concerning the discovery of electronically stored information. The amendments, which will take effect on December 1, 2006, are designed to acknowledge the differences between electronically stored information and traditional paper files, including the vastly greater volume of electronic material; differences in the way that electronic files are created, stored, collected, and archived; and the particular challenges parties face when trying to identify, preserve, and produce potentially relevant electronic material.

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....