Continuing Resolution Expires April 28, 2017
Client Alert | less than 1 min read | 04.07.17
The Continuing Resolution funding government operations will expire on April 28, 2017. Absent a budget agreement or a new CR, certain government operations will cease. While Congress is working on the budget, contractors wishing to plan for the end of the CR and a potential shutdown might consider: (1) maintaining open lines of communication with their customers; (2) cataloguing contracts by funding source, performance period, option exercise dates to assess impact on their businesses, while paying attention to changes clauses for opportunities for mitigation; (3) preparing for human resources impacts on staff; and, (4) reviewing subcontracts to understand rights and obligations on both sides.
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Client Alert | 2 min read | 11.14.25
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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