Indefiniteness

Federal Circuit Holds That Patent Indefiniteness Requires Insoluble Ambiguousness

In Biosig Instruments, Inc. v. Nautilus Inc., the Federal Circuit reversed the district court’s finding that the claims at issue were invalid as indefinite, because the claims were not “insolubly ambiguous.” This case...more

Patent Watch: Biosig Instruments, Inc. v. Nautilus, Inc.

On April 26, 2013, in Biosig Instruments, Inc. v. Nautilus, Inc., the U.S. Court of Appeals for the Federal Circuit (Newman, Schall, Wallach*) reversed and remanded the district court's summary judgment that U.S. Patent No....more

Intellectual Property Client Alert: Definiteness in Patent Claims

The Federal Circuit, in Function Media v. Google, has determined that use of “means” language in a claim can lead to indefiniteness. Functional Media sued Google for infringement of three patents regarding advertising on...more

Patent Watch: ePlus, Inc. v. Lawson Software, Inc.

To assess whether a claim is indefinite, [we] do not "look to the knowledge of one skilled in the art apart from and unconnected to the disclosure of the patent." We rather "look at the disclosure of the patent and determine...more