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The Federal Circuit Confirms Proper SCA Price Adjustments

Client Alert | less than 1 min read | 08.24.06

The Federal Circuit, in Lear Siegler Services, Inc. v. Rumsfeld (July 28, 2006), reverses the ASBCA and confirms that the Service Contract Act Price Adjustments clause, FAR 52.222-43, entitles the contractor to an adjustment for its increased cost of providing health and welfare benefits specified in a collective bargaining agreement, even though the benefits themselves did not change.

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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....