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Proposed Rule For Women-Owned Small Business Set-Asides

Client Alert | less than 1 min read | 03.11.10

On March 2, 2010, the SBA issued a proposed rule, with comments due in sixty days, aimed at implementing the statutory goal that 5% of federal contracting dollars go to women-owned small businesses ("WOSBs"). This rule provides for set-aside procurements for contracts under certain dollar thresholds ($5 million for manufacturing contracts and $3 million for other contracts) for WOSBs in the 83 identified industries in which they are underrepresented, a significant increase from the 4 industries identified in the 2008 proposed rule.

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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....