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Veterans Day Sees Uncle SAM.gov Absorb FedBizOpps

Client Alert | less than 1 min read | 11.19.19

Over the Veterans Day weekend, the General Services Administration closed the FedBizOpps (FBO) website, used for posting all open government contracting opportunities, and migrated FBO’s functionality to beta.SAM.gov. By way of the migration, GSA enhanced FBO’s search functionality on beta.SAM.gov; instituted two-factor login authentication; and attempted to improve the site’s user interface. FBO is the third of ten procurement systems to migrate to beta.SAM.gov. Although a smooth transition was promised, the new website requires users to create a new log in to access the website, and users are experiencing latency and slow performance that at times result in users being unable to log in to the application.

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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....