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The Global Collision Of Privacy & Homeland Security

Client Alert | 1 min read | 05.10.06

As the war on terrorism becomes increasingly dependent upon international cooperation and information sharing, Homeland Security contractors engaged in building these trans-border information pipelines face escalating risks of running afoul of more potent privacy regimes abroad where the Canadian Privacy Commissioner has described the "privacy landscape" as a "battlefield" in which "the world has become a more dangerous place." In their recent article "When Homeland Security Goes Abroad: The Global Collision of Privacy & Anti-Terrorism Laws" published in the Federal Contracts Report on April 25, 2006 (http://www.crowell.com/pdf/newsroom/ BNA_Bodenheimer-Meade.pdf), David Bodenheimer and Kris Meade of C&M examine the privacy requirements in the United States and abroad, identifying risks to Homeland Security contractors who may be caught in the global crossfire on the privacy battlefield.

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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....