The legal meaning of the transition language “consisting essentially of” is well-established in Federal Circuit case law and is generally construed to mean that the composition or formulation (a) necessarily includes the...more
In Dow Chemical Co. v. Nova Chemicals Corp., 803 F.3d 620 (Fed. Cir. 2015), the Federal Circuit directly acknowledged that the Supreme Court’s recent ruling in Nautilus, Inc. v. Biosig Instruments, Inc., 134 S. Ct. 2120...more
Dow Chemical Company (“Dow”) lost a ruling that competitor NOVA Chemical Corporation and NOVA Chemicals Inc. (collectively “NOVA”) infringed claims of two Dow patents when the Federal Circuit applied the U.S. Supreme Court’s...more
Applying the Supreme Court’s new “reasonable certainty” standard for patent definiteness in Biosig Instruments, Inc. v. Nautilus, Inc. (2015) (Nautilus III), the Federal Circuit again held that Biosig’s patent for a heart...more
Congress v SCtPatent litigation reform has been on the U.S. House Judiciary Committee agenda, with the recent reintroduction of legislation seeking to address patent litigation abuses and a hearing examining recent U.S....more
The Supreme Court recently “conclude[d] that the Federal Circuit’s formulation, which tolerates some ambiguous claims but not others, does not satisfy the statute’s definiteness requirement.” Nautilus, Inc. v. Biosig...more
Supreme Court Sets New Indefiniteness Standard - In Nautilus, Inc. v. Biosig Instruments, Inc., Appeal No. 13-169, the Supreme Court vacated and remanded Federal Circuit’s reversal of summary judgment because the...more
New Nautilus Indefiniteness Standard Justifies Submission of Expert Evidence at Markman Hearing - The court granted defendants' motion to supplement their claim construction briefing with an expert declaration...more
The U.S. Supreme Court, in Nautilus v. Biosig, recently reversed a Federal Circuit ruling that a patent is valid as long as the description of what it claims is not “insolubly ambiguous.” The Supreme Court’s decision, which...more
U.S. Supreme Court Overturns Federal Circuit Standards For Patent Inducement Infringement And Indefiniteness – In two decisions on June 2, 2014, the U.S. Supreme Court materially changed the standards for patent...more
On June 2, 2014, the Supreme Court issued a unanimous decision in Nautilus, Inc. v. Biosig Instruments, Inc., rejecting the Federal Circuit’s “insolubly ambiguous” test for patent claim indefiniteness under 35 USC § 112, and...more
The US Supreme Court issued two anticipated decisions on June 2, 2014, relating to the US Court of Appeals for the Federal Circuit's standards for indefiniteness and induced infringement. In the first, Nautilus, Inc....more
On June 2, 2014, the unanimous Supreme Court of the United States, in Nautilus, Inc. v. Biosig Instruments, Inc., a case that focused on the standard for compliance with the “definiteness” requirement of 35 U.S.C. § 112, ¶ 2,...more
On June 2, 2014, in Nautilus, Inc. v. Biosig Instruments, Inc., No. 13-369, the Supreme Court unanimously rejected the Federal Circuit’s test for determining indefiniteness of a patent claim as “lack[ing] the precision that §...more