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Special Insurance Considerations for Government Contractors

Client Alert | less than 1 min read | 11.11.15

C&M's Peter Eyre and Rachel Raphael authored "Special Insurance Coverage Issues for Gov't Contractors," recently published in Law360. In the article, the authors focus on some of the unique sources of liability confronting government contractors and outline five issues they should consider when evaluating whether they are appropriately insured: (1) The False Claims Act, (2) The Defense Base Act, (3) contractor default insurance and performance guarantees, (4) government furnished equipment, and (5) cybersecurity.


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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....