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National Archives Issues Non-FAR-Based Guidance for Controlled Unclassified Information

Client Alert | 1 min read | 02.13.18

The Information Security Oversight Office (ISOO) within the National Archives and Records Administration (NARA) has issued guidance relevant to contractors and other non-executive branch entities concerning controlled unclassified information (CUI). Specifically, the ISOO issued CUI Notice 2018-01 regarding information sharing agreements with non-executive branch entities that are not governed by the forthcoming CUI Federal Acquisition Regulation (FAR) Clause, including certain contracts, grants, licenses, and memoranda of understanding. Importantly, the ISOO guidance provides both mandatory and recommended language for inclusion in future information sharing agreements to help ensure the appropriate handling and safeguarding of CUI. While we continue to await a proposed FAR Clause regarding CUI, contractors should benefit from the additional clarity that this ISOO guidance brings in standardizing CUI provisions for non-FAR based agreements.

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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....