Indefiniteness

News & Analysis as of

US Supreme Court to Review Indefiniteness Standard under Section 112 of the Patent Act

On January 10, 2014, the Supreme Court agreed to review the Federal Circuit's standard for determining whether a patent claim is indefinite in Nautilus, Inc. v. Biosig Instruments, Inc. (S. Ct. No. 2013-0369), a case that...more

Temporary vs. Indefinite – Lodging Expenses Away From Home

A taxpayer who travels away from his tax home overnight on business can deduct 50% of meals and 100% of lodging costs. A taxpayer’s “tax home” is located at (1) his regular or principal (if more than one regular) place of...more

Supreme Court to Consider Legal Standard for Patent Indefiniteness

On January 10, 2014, the U.S. Supreme Court granted certiorari in Nautilus Inc. v. Biosig Instruments, Inc., to review the legal standard for holding a patent claim invalid as indefinite, under 35 USC § 112, second paragraph....more

Does the Federal Circuit use the wrong standard for indefiniteness?

Nautilus Inc. says yes, according to its certiorari petition, seeking Supreme Court review. The Federal Circuit concluded that Biosig Instrument’s patent claims were sufficiently definite. Nautilus’s petition, along with the...more

New York Court of Appeals Places Burden on Employer to Plead that Employee Seeking Indefinite Leave Cannot Satisfy the Essential...

The New York Court of Appeals recently overturned the dismissal of an employee’s discrimination claim under the New York City Human Rights Law (“NYCHRL”), while at the same time upholding the dismissal of the employee’s...more

New York’s Highest Court Rules Indefinite Leave Is Not A Reasonable Accommodation Under State Human Rights Law, But May Be Under...

New York’s highest court recently reinstated a former bank executive’s disability discrimination claim under the New York City Human Rights Law (NYCHRL) and affirmed the dismissal of his claim under the New York State Human...more

Indefinite Leave Is Not A Reasonable Accommodation, District Of New Jersey Holds

In Bourhill v. Nextel of New York, Inc., 2013 WL 1680140 (D.N.J. Apr. 17, 2013), an employee with a back condition was granted several consecutive leaves of absences (spanning eight months of leave), followed by an open-ended...more

Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc. (Fed. Cir. 2013)

A claim term that can have different meanings or values depending on the method used to measure it renders the claim indefinite because it is impossible for a potential infringer to discern the boundaries of the claim. This...more

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...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

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