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

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.

LOADING PDF: If there are any problems, click here to download the file.

Topics:  Definiteness, Indefiniteness, Nautilus Inc. v. Biosig Instruments, Patent Infringement, Patent Litigation, Patents, SCOTUS

Published In: Intellectual Property Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Schnader Harrison Segal & Lewis LLP | Attorney Advertising

Don't miss a thing! Build a custom news brief:

Read fresh new writing on compliance, cybersecurity, Dodd-Frank, whistleblowers, social media, hiring & firing, patent reform, the NLRB, Obamacare, the SEC…

…or whatever matters the most to you. Follow authors, firms, and topics on JD Supra.

Create your news brief now - it's free and easy »