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SBA Regulatory Changes Affect Relationships Between Small and Large Businesses

Client Alert | 1 min read | 06.09.16

On May 31, 2016, SBA published the final rule, effective June 30, implementing the National Defense Authorization Act of 2013. Considering the critical importance of these changes on size status and teaming relationships between large and small businesses, Crowell & Moring is posting a series of blog posts to cover the wide range of impacts that this rule will have on such topics as limitations on subcontracting, small business subcontracting plans, penalties, affiliation, and the non-manufacturer rule.

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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....