Touhy Fooey
Client Alert | less than 1 min read | 05.06.11
In Gulf Grp. Gen. Enters. Co. v. U.S. (May 2, 2011), the Court of Federal Claims rebuffs the government's attempt to stop a former military officer and civilian employee from serving as an expert witness adverse to the government's position by application of that prohibition found in the Army's Touhy regulations. Citing various reasons, including separation of powers considerations , the court follows the consistent line of cases holding that agency Touhy regulations cannot be applied when the U.S. is a party to the litigation.
Insights
Client Alert | 2 min read | 11.14.25
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.
Client Alert | 6 min read | 11.14.25
Microplastics Update: Regulatory and Litigation Developments in 2025
Client Alert | 6 min read | 11.13.25
