Nautilus Inc. v. Biosig Instruments

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Supreme Court Corner - Q1 2014

OCTANE FITNESS V. ICON HEALTH & FITNESS* - Patent: Argument: February 26, 2014 - Issue: Whether the Federal Circuit’s two-part test for determining whether a case is “exceptional” under 35 U.S.C. § 285 – that it...more

Move over, Congress: The Supreme Court may be this year’s game-changer on patent reform

In a normal year, the U.S. Supreme Court does not normally grant certiorari to patent law cases. In a good year, the Supreme Court may grant certiorari to a single case impacting patent law. In 2014, the nation’s highest...more

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

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

Supreme Court Loads Up IP Docket

Over the past two months, the U.S. Supreme Court has agreed to hear five cases that will have a significant impact on intellectual property law. Three of the cases involve issues of patent law, one involves copyright, and...more

Supreme Court to Tackle Plenty of IP Issues in 2014

On January 10, 2014 the Supreme Court granted certiorari in two patent cases, one copyright case, and a fourth case that may have implications for federal trademark law. The Court had already granted certiorari in at least...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

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