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OMB's Newly Proposed Acquisition Pilot Program Could Be a Game-Changer

Client Alert | 1 min read | 06.13.19

In late April, the Office of Management and Budget (OMB) sent a letter to Congress, which contained a number of legislative proposals to streamline and improve the agility and efficiency of the federal acquisition process, one of which would establish an “Acquisition Modernization Test Board.” According to the letter, this Board would authorize the Administrator of the Office of Federal Procurement Policy (OFPP) “to exercise a waiver of one or more acquisition or procurement laws as part of a pilot program to evaluate how changing the statutory requirement(s) might facilitate more efficient achievement of the purpose underlying the law.” Importantly, this proposal would give OFPP enormous discretion and flexibility to pilot innovative and new approaches to streamlining and deregulating acquisitions. OMB seeks enactment of this and other proposals as part of Title 8 (the acquisition title) of the Fiscal Year 2020 National Defense Authorization Act, and, assuming that Congress approves this expanded authority for OFPP (either as part of an NDAA or otherwise), industry should take this opportunity to recommend innovative acquisition pilots. 

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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....