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ASBCA Dismisses Appeal for Lack of Jurisdiction After Government Claim Rescinded

Client Alert | less than 1 min read | 07.09.18

In Appeal of Lockheed Martin Aeronautics, ASBCA No. 61480 (a C&M case) the Board dismissed a Government claim seeking $24 million plus interest for alleged defective pricing, when the Government rescinded the underlying claim during litigation. In dismissing the appeal, the Board cited to ASBCA precedent holding that "[w]hen a contracting officer unequivocally rescinds a government claim, the government’s action moots the appeal, leaving the Board without jurisdiction to entertain the appeal further."


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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....