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Medical Devices › Indefiniteness

Robins Kaplan LLP

Lessons for Life Science and Medical Device Companies Post-Nautilus

Robins Kaplan LLP on

Under the U.S. Patent laws, claims must particularly point out and distinctly claim what the inventor understands her invention to be. Up until three years ago, the inquiry for determining indefiniteness was to ask whether...more

McDermott Will & Emery

No Substantial Change in Standard for Indefiniteness Under “Reasonable Certainty” Test - Biosig Instruments, Inc. v. Nautilus,...

McDermott Will & Emery on

In an opinion addressing the standard for indefiniteness in view of the Supreme Court of the United States’ 2014 “reasonable certainty” test, the U.S. Court of Appeals for the Federal Circuit maintained its reversal of the...more

McDonnell Boehnen Hulbert & Berghoff LLP

Biosig Instruments, Inc. v. Nautilus, Inc. (Fed. Cir. 2015)

McDonnell Boehnen Hulbert & Berghoff LLP on

The Federal Circuit considered the question of indefiniteness on remand from the Supreme Court's reversal in Nautilus v. Biosig and, perhaps not surprisingly, found again that the Biosig's claims were not indefinite....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

High Court Nixes Federal Circuit’s Indefiniteness Test

Sterne, Kessler, Goldstein & Fox P.L.L.C. on

On June 2, 2014, the U.S. Supreme Court in Nautilus, Inc. v. Biosig Instrument, Inc., addressed the standard that Courts must use to determine whether a patent claim complies with 35 U. S. C. §112, ¶2. A patent “claim”...more

Foley & Lardner LLP

Federal Circuit Holds That Patent Indefiniteness Requires Insoluble Ambiguousness

Foley & Lardner LLP on

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

BakerHostetler

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

BakerHostetler on

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

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