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PODCAST: U.S.-Canada Trade Relations – What Corporations Need to Know — C&M's First 100 Days Series

Client Alert | 1 min read | 02.24.17

In the latest podcast for Crowell & Moring's "First 100 Days" series, Jim Flood, chair of the firm's Government Affairs Group, sits down with Ian Laird, co-chair of the firm's International Dispute Resolution Group, to discuss the state of U.S.-Canada trade relations. Ian is a Canadian-qualified lawyer and previously served as chief of staff to a Canadian cabinet minister, as well as a senior political aide to the Ontario Minister of Energy. Ian represents companies engaged in U.S.-Canada trade and business relations and has provided counsel on NAFTA issues for more than 15 years. Ian also worked on the earliest NAFTA investor-state arbitrations involving each of the three NAFTA state parties.

Discussed in this 20 minute podcast recorded on Feb. 17:

  • Some potential strategies for the Canadian Government and Canadian companies to succeed in working with the Trump Administration.
  • Potential “tweaks” to NAFTA with respect to Canada, and redefining U.S.-Canada relations.
  • Views of the Republican-controlled U.S. House of Representatives, and a different approach from the U.S. Senate.
  • How Canada's immigration policies might impact business.
  • Potential timeline for any changes, and what companies can do now.

Click below to listen or access from one of these links:
PodBean | SoundCloud | iTunes

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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....