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U.S. Government Could Compel ISPs to Produce Personal Data Stored Abroad

Client Alert | 1 min read | 05.07.14

As companies and individuals move away from storing information on their own computers into the cloud, concerns about the privacy of personal data in the hands of third party providers are steadily increasing. Recently, the U.S. District Court for the Southern District of New York held that an internet service provider (ISP) can be compelled to produce personal information located outside of the U.S. for purposes of a criminal investigation. If adopted by other courts, this decision would broaden the power of law enforcement agencies to obtain information stored on third-party servers, both domestically and abroad. It also raises significant questions about the constitutional limits on the U.S. government's ability to collect information from ISPs.

Click here to read more about this decision on Crowell & Moring's blog, E-Discovery Law Insights

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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....