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We've Come to the End of the Road: FY 2018 Report to Congress Says DCAA Backlog is No More

Client Alert | less than 1 min read | 07.11.19

The Defense Contract Audit Agency (DCAA) recently made public its Fiscal Year (FY) 2018 Report to Congress (“Report”), which, among other things, reports that DCAA has eliminated its incurred cost audit backlog.

The Report also describes its industry outreach activities and DCAA’s plans to focus more attention on other audits, such as business systems, Truth in Negotiations Act, Cost Accounting standards, pre-award surveys, claims, and terminations. Those plans are discussed more fully in our blog post.  

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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....