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EEOC Revokes Stance That Health Plans Discriminate If Retiree Benefits Change Upon Medicare Eligibility

Client Alert | 1 min read | 08.21.01

In an August 20, 2001 release, the Equal Employment Opportunity Commission ("EEOC") retracted its position that employee benefit plans that either end or reduce benefits when a retiree becomes eligible for Medicare violate the Age Discrimination in Employment Act ("ADEA"). Recognizing that its previous policy could have the practical effect of discouraging employers from providing health care benefits for its retirees before they become eligible for Medicare, the EEOC has established an internal task force to study the issue and obtain input from interested stakeholders (i.e. employers, insurers, advocacy groups). For now, the EEOC will no longer litigate "Medicare bridge" cases. The EEOC re-emphasized its position that "An employer must offer to current employees . . . over the age of eligibility for Medicare benefits the same health benefits, under the same conditions, that it offers to any current employee under the age of 65."

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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....