News & Analysis as of

Patents Reasonable Certainty Standard

McDermott Will & Emery

Claims Need Only Inform a Skilled Artisan of the Metes and Bounds with Reasonable Certainty

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In a case involving claims with functional language and means-plus-function limitations, the US Court of Appeals for the Federal Circuit found that the district court erred in its determination that three claim terms were...more

McDermott Will & Emery

Clarifying the Post-Nautilus Indefiniteness Standard - The Dow Chemical Co. v. NOVA Chemicals Corp. et al.

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Addressing the post-Nautilus indefiniteness standard, the U.S. Court of Appeals for the Federal Circuit reversed a jury’s finding that the claims-at-issue are not indefinite and similarly reversed an associated order granting...more

Foley & Lardner LLP

Court Finds Dow Claims Clearly Indefinite

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In Dow Chemical Co. v. Nova Chemicals Corp., the Federal Circuit held claims reciting a limitation that could be calculated in several ways indefinite where the patent claims, specification, and prosecution history failed to...more

Knobbe Martens

Federal Circuit Review | May 2015

Knobbe Martens on

Overly Narrow Statement Of Problem Can Show Reliance On Hindsight - In INSITE VISION INCORPORATED v. SANDOZ, INC., Appeal No. 2014-1065, the Federal Circuit held that enunciating an overly narrow statement of the problem...more

McDermott Will & Emery

Terms of Degree Must Provide Objective Boundaries

McDermott Will & Emery on

Interval Licensing LLC v. AOL, Inc. - Providing further elaboration on the “reasonable certainty” standard in an indefiniteness analysis involving a term of degree, the U.S. Court of Appeals for the Federal Circuit...more

Foley & Lardner LLP

Supreme Court Adopts Reasonable Certainty Test for Definiteness

Foley & Lardner LLP on

On June 2, 2014, the Supreme Court issued a unanimous decision in Nautilus, Inc. v. Biosig Instruments, Inc., rejecting the Federal Circuit’s “insolubly ambiguous” test for patent claim indefiniteness under 35 USC § 112, and...more

Morrison & Foerster LLP

Supreme Court Rejects Federal Circuit’s Indefiniteness Standard in Nautilus v. Biosig

On June 2, 2014, the Supreme Court unanimously ruled in Nautilus, Inc. v. Biosig Instruments, Inc., No. 13-369 (June 2, 2014) (“Nautilus”), that a patent is invalid for indefiniteness “if its claims, read in light of the...more

Cooley LLP

Supreme Court Lowers Standard for Proving Patent Claims Are Indefinite

Cooley LLP on

June 2, 2014 – The Supreme Court issued its unanimous decision in Nautilus, Inc. v. Biosig Instruments, Inc., No. 13-369, 572 U.S. ___ (2014), lowering the standard for showing a patent claim is invalid for indefiniteness....more

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