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Ambiguous Nautilus Inc. v. Biosig Instruments

Foley & Lardner LLP

Court Finds Dow Claims Clearly Indefinite

Foley & Lardner LLP on

In Dow Chemical Co. v. Nova Chemicals Corp., the Federal Circuit held claims reciting a limitation that could be calculated in several ways indefinite where the patent claims, specification, and prosecution history failed to...more

Goodwin

Inventors Take Note: Supreme Court to Decide How Ambiguous is Too Ambiguous for Patents

Goodwin on

In a case argued in April, Nautilus v. Biosig Instruments, the U.S. Supreme Court is being asked to decide the question “how ambiguous can a patent claim be before it is invalid?” Regardless of the Court’s decision, the case...more

McDermott Will & Emery

Is “Insolubly Ambiguous” the Correct Standard to Determine Compliance with Sec 112?

The U.S. Supreme Court granted certiorari on a petition challenging the U.S. Court of Appeals for the Federal Circuit’s standard for determining when a patent claim is indefinite under 35 U.S.C. §112, ¶ 2. See IP Update,...more

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