Transportation Leaders Propose Massive Public-Private Partnership Project in Northeast Rail Corridor
Client Alert | less than 1 min read | 05.27.11
On May 26, 2011, House Transportation leaders outlined a dramatic Public-Private Partnership proposal designed to bolster the development of high-speed rail in the heavily populated "Northeast Corridor." Continuing the trend towards PPP procurement on the federal, state and local levels, the proposed legislation would separate the Northeast Corridor from Amtrak, transfer it to a separate entity, and begin a competitive bidding process that would allow for a PPP to design, build, operate, maintain, and finance high-speed rail service over the next 10 years.
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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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