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Do the Exclusion Archives on SAM.gov Violate Contractors' Liberty Interest?

Client Alert | less than 1 min read | 09.29.16

The suspension and debarment remedies are not meant to punish contractors for past misdeeds, yet information about past exclusions is stored indefinitely on the SAM.gov website, and this information is increasingly causing collateral consequences outside the government marketplace. In an article published in Bloomberg BNA, C&M attorneys discuss the evolution of the excluded parties list and explore how a contractor might challenge the exclusion archives as a violation of a contractor’s constitutional liberty interests.

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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....