Supreme Court Adopts "Reasonable Certainty" Standard for Evaluating Indefiniteness Challenges to Patent Claims

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On June 2, 2014, the Supreme Court rejected the Federal Circuit’s standard for determining whether a patent claim is invalid for indefiniteness under 35 U.S.C. §112(b), adopting instead a standard requiring greater clarity in patent claims. This result should have a significant impact, most notably on patent litigation, as the new standard could be a boon for alleged infringers by potentially making it easier to challenge imprecise or overbroad patent claims in an infringement suit.

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Schnader Harrison Segal & Lewis LLP on:

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