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OMB Approves Revised OFCCP Scheduling Letter

Client Alert | 1 min read | 10.03.14

Significant changes are just over the horizon for federal contractors and subcontractors, as OMB has approved the revised Scheduling Letter and Itemized Listing proposed by the Office of Federal Contract Compliance Programs. As further explained in the linked alert, the revised Scheduling Letter will require contractors, at the outset of a compliance review, to submit to OFCCP individualized compensation data, personnel activity data broken out by each racial subgroup (rather than in two groupings, minorities and non-minorities), and additional materials to demonstrate compliance with the new Veterans' Readjustment Assistance Act and section 503 of the Rehabilitation Act regulations that became effective earlier this year.


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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....