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On the Cyber Frontier of IoT Security

Client Alert | 1 min read | 04.11.18

In the Interagency Report on Status of International Cybersecurity Standardization for the Internet of Things (IoT), the National Institute of Standards and Technology (NIST) performed an extensive survey of current cybersecurity standards applicable or potentially applicable to IoT devices. Among the many key findings and discussions, some of the more notable are: (1) NIST elected not to define IoT due to the many varying definitions already in the field (see Annex A); (2) NIST used several functional IoT applications (connected vehicles, consumer devices, health/medical devices, smart buildings and smart manufacturing) to assess current cyber standards and gaps; (3) NIST recognized that no one-size-fits-all standards exist, as specific sectors will have differing risk scenarios and security objectives, thus requiring cyber standards to be tailored; and (4) IoT security should be built around eleven core areas of cybersecurity standardization. Also, NIST is looking for your comments on draft NISTIR 8200 by April 18. To learn more, join us at the IoT National Institute on May 9-10 in Washington, D.C.

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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....