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OGE Amends Executive Branch Ethics Program

Client Alert | 1 min read | 11.07.16

On November 2, 2016, the Office of Government Ethics issued a final rule amending the regulations setting forth the elements and procedures of the executive branch ethics program by defining and describing the executive branch ethics program, delineating the responsibilities of various government stakeholders, and enumerating key executive branch ethics procedures. Among the various amendments, which are detailed in our blog post, the final rule centralizes the procedures of the executive branch ethics program and modifies the procedures for the correction of agency noncompliance by outlining several remedial actions that may be taken.

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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....