ABA Hosts Joint Meeting to Discuss Procurement Collusion Strike Force
Client Alert | less than 1 min read | 02.11.20
On March 3rd, the Antitrust and Public Contract Law Sections are hosting a joint meeting to discuss the Department of Justice’s new Procurement Collusion Strike Force (PCSF). Attendees will have the opportunity to hear directly from DOJ representatives as they provide their insights into the PCSF. The meeting will be held at the offices of Crowell & Moring from 12:30-2:00 pm, with the panel commencing at 1:00 pm. Lunch will be available for a charge of $10.00. Please RSVP to Victoria Walker at vwalker@crowell.com if you will attend in person or would like to participate by telephone.
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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.
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