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SBA Proposes Important New Section 8(A) Regulations

Client Alert | less than 1 min read | 11.05.09

On October 28, 2009, the SBA published a proposed rule proposing to clarify and/or change various aspects of its Small Disadvantaged Business program and its size regulations. The proposed regulatory changes are directed at (1) eliminating abuses of joint ventures between tribally-owned or ANC-owned concerns and large businesses; (2) providing clarifications to existing SBA requirements; and (3) eliminating or easing certain restrictions relating to the 8(a) program.

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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....