OFPP Seeks to Debunk Myths about Debriefings
Client Alert | less than 1 min read | 01.27.17
On January 5, 2017, the Office of Federal Procurement Policy (OFPP) issued its third "Myth-busting" memorandum, specifically addressing misconceptions about debriefings. By issuing this memorandum, OFPP seeks to encourage the use of debriefings as a tool that could contribute to a potentially more competitive supplier base and also allow agencies to evaluate and improve their own processes. In addition to attempting to debunk some common myths about debriefings, the memorandum sets forth best practices, including the adoption or establishment of a debriefing guide.
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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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