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CMS Releases Retiree Plan Drug Subsidy Guidance

Client Alert | 1 min read | 06.08.05

On Friday, June 3, 2005, the Centers for Medicare & Medicaid Services (CMS) published for public review and comment a proposed Retiree Drug Subsidy Application and Instructions. 

On  June 1, 2005 CMS launched the Retiree Drug Subsidy (RDS) Center web site, with information for  employer and union plan sponsors and others seeking information about the retiree drug subsidy program created pursuant to the Medicare Modernization Act (MMA). 

Information about the RDS Center's first two national outreach events - a RDS Customer Conference Call on Wednesday, June 15, 2005 at 3:00pm EDT, and a RDS National Conference on July 12 & 13, 2005 in Dallas, TX – is available on the RDS Center web site. 

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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....