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Recovery Act CRIB Sheet For Government Contractors, Part II, The Interim FAR

Client Alert | 1 min read | 04.03.09

On March 31, 2009, the FAR Council issued extensive interim rules to implement the requirements for FAR contracts funded by the Recovery Act. Crowell & Moring has prepared a detailed analysis of each new FAR provision, including those about the Buy American Act Requirements, the onerous reporting requirements for prime and subcontractors, the Inspector General and Government Accountability Office Audit Rights and access to contractor employees, government publication requirements, and the substantial new whistleblower protections.

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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....