News & Analysis as of

Nautilus Inc. v. Biosig Instruments Claim Construction

Jones Day

PTAB Adopts Nautilus Indefiniteness Standard

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In post-grant proceedings since 2018, the PTAB has applied the same claim construction standard as used in district court; a recent Memorandum confirms the PTAB will likewise apply the same standard that district courts use...more

McDonnell Boehnen Hulbert & Berghoff LLP

IBSA Institut Biochimique, S.A. v. Teva Pharmaceuticals USA, Inc. (Fed. Cir. 2020)

The Federal Circuit has spent the past few years applying the Supreme Court's most recent precedent, Nautilus, Inc. v. Biosig Instruments, Inc., on the indefiniteness standards in the patent statute.  35 U.S.C. § 112(b).  The...more

Bradley Arant Boult Cummings LLP

The Risk of Using “Consisting Essentially of” in Patent Claims

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

Robins Kaplan LLP

Lessons for Life Science and Medical Device Companies Post-Nautilus

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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

Jones Day

Asserted Claims Found Indefinite in Electrical Connectors Investigation

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In a recently issued claim construction order, Chief Administrative Law Judge Bullock held that terms included in all asserted claims are indefinite. He accordingly found the asserted claims invalid, stayed the Investigation,...more

Jones Day

In Precedential Decision, Board Says Packard, Not Nautilus, Governs Indefiniteness During Pre-Issuance Examination

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...In a recent (and rare) precedential decision, the Board reaffirmed that the Supreme Court’s decision in Nautilus does not change “the USPTO’s long-standing approach to indefiniteness” in the context of pre-issuance...more

Fish & Richardson

The Federal Circuit Trend to Strengthen the Standard for Definiteness

Fish & Richardson on

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

Fenwick & West LLP

New Patent Claim Construction Review Standard

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In early 2015, the U.S. Supreme Court changed the standard of review for patent claim construction with its decision in Teva Pharmaceuticals USA v. Sandoz Inc., 135 S. Ct. 831 (2015) (Teva I). Previously, the U.S. Court of...more

Foley & Lardner LLP

Delaware Judges Are Finding Patent Claims Indefinite Post-Nautilus

Foley & Lardner LLP on

It has been a little more than a year since the Supreme Court rendered its decision in Nautilus, lowering the standard for finding patent claim terms indefinite. Many commentators at that time predicted the decision would...more

McDonnell Boehnen Hulbert & Berghoff LLP

Federal Circuit Tackles Claim Construction Review under New Standard

The More Things Change (Lighting Ballast Control LLC v. Philips Electronics North America), the More They Stay the Same (Teva Pharmaceuticals USA, Inc. v. Sandoz Inc.) - On June 18, 2015, the Federal Circuit handed down...more

Snell & Wilmer

Federal Circuit Holds Biosig’s Patent Definite Under New Standard

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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

Dickinson Wright

Intellectual Property Legal News: Volume 2, Number 1

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TEVA PHARMACEUTICALS: IS IT TIME TO RETHINK HOW YOU WILL ARGUE CLAIM CONSTRUCTION? The United States Supreme Court decided in Teva Pharmaceuticals USA Inc. v. Sandoz Inc. that the Federal Circuit must review all...more

Moore & Van Allen PLLC

Congress Takes Up Patent Litigation Reform – Innovation Act Reintroduced, Supreme Court Cases Examined

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

McDonnell Boehnen Hulbert & Berghoff LLP

Triton Tech of Texas, LLC v. Nintendo of America, Inc. (Fed. Cir. 2014)

A very experienced patent attorney once told me that you should never write means-plus-function claims unless there is a Luger at your temple. This, the first opinion addressing indefiniteness to come from the Federal...more

Faegre Drinker Biddle & Reath LLP

Further Guidance on Indefiniteness Following the Supreme Court's Nautilus, Inc. v. Biosig Instruments, Inc. Decision

The Supreme Court's decision in Nautilus, Inc. v. Biosig Instruments, Inc., No. 13-369 (2014) appeared to raise the bar for patent clarity. However, the true effects of the decision will not be seen for some time, if ever. In...more

Stoel Rives LLP

Patent Law Alert: U.S. Supreme Court Makes It Easier to Knock out Vague Patents

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Recently, the U.S. Supreme Court clarified the standard by which companies may seek to invalidate a patent for being overly vague, reversing a decision of the Federal Circuit regarding the definiteness standard of Section 112...more

Mintz - Trademark & Copyright Viewpoints

Supreme Court Delivers Unanimous Decisions in Two Important Patent Cases: What Do This Week’s Limelight and Nautilus Decisions...

Earlier this week, the United States Supreme Court delivered unanimous opinions in two separate cases addressing questions of patent law, Limelight Networks v. Akamai Technologies (on induced infringement) and Nautilus v....more

Foley Hoag LLP

Supreme Court Decision Invites More Challenges to Patent Claims as Indefinite

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On Monday, in Nautilus Inc. v. Biosig Instruments, the United States Supreme Court unanimously set aside the Federal Circuit’s indefiniteness standard, potentially easing the way for defendants to invalidate ambiguous patent...more

Wilson Sonsini Goodrich & Rosati

U.S. Supreme Court Overturns Federal Circuit Standard for Indefiniteness in Patent Cases

In a unanimous decision yesterday, the U.S. Supreme Court overturned the Federal Circuit's standard for determining whether patent claims are indefinite under 35.U.S.C. § 112, ¶2 in Nautilus, Inc. v. Biosig Instruments, Inc....more

McNees Wallace & Nurick LLC

Supreme Court Reverses Federal Circuit on Two Key Patent Issues

On June 2, 2014, the Supreme Court decided two closely-watched patent cases, unanimously reversing the U.S. Court of Appeals for the Federal Circuit and making it easier to defend some claims of patent infringement....more

Fenwick & West LLP

Supreme Court Redefines the Standard for Indefiniteness in Patent Cases

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In Nautilus, Inc. v. Biosig Instruments, Inc., a unanimous Supreme Court reversed the Federal Circuit and redefined the standard for indefiniteness under Section 112, ¶ 2. No. 13-369, 572 U.S. ___ (2014) (“Slip Op.”). The...more

Eversheds Sutherland (US) LLP

What Do You Mean? Nautilus Ruling Holds That a Patent Claim Must Convey with Reasonable Certainty the Scope of the Invention

On June 2, a unanimous U.S. Supreme Court held in Nautilus Inc. v. Biosig Instruments Inc. that a patent claim may be found indefinite if it fails to convey the scope of the invention “with reasonable certainty” to a person...more

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