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State Attorneys General Update: COVID-19 Crisis

Client Alert | 1 min read | 03.27.20

During times of disaster such as the COVID-19 crisis, State Attorneys General are focused on consumer protection and charity scams. Top issues we have seen to date include:

  1. Price Gouging: Attorneys General are very active ensuring consumers are not being price gouged for products and services in high demand. They are focused on retailers, and companies in the supply chains for both brick and mortar and online retailers. Attorneys General are also working with online platforms for third-party sellers to stop price gouging. 
  2. False Advertising: Many states have sounded the alarm over product claims that either prevent or cure COVID-19 or related health claims. A company’s claim about the value of their products or services regarding the virus or other similar issues should expect scrutiny by the AGs and their staff. Some states have also identified scammers, including falsely offering credit for COVID-19 testing kits to induce consumers to provide their account information and mailing address. 
  3. Refunds and Cancellations: Many Attorneys General are seeking to protect consumers from a diminution, interruption or cancellation of on-going contracts for goods and services that are interrupted because of cancellations or inability to perform. 
  4. Charities: Attorneys General are issuing warnings to consumers of fake charities raising money for phony victims of the COVID-19 disease. Attorneys General will also look at the accuracy of promotional sales to benefit charities when retail advertisers promise a portion of each sale to a specified charity.  

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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....