Reasonable Certainty Standard

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Judge Illston Finds Proof of Injunctive Standing and Consumer Deception Lacking in Consumer Challenge to Mott’s 100% Apple Juice...

Judge Illston’s recent summary judgment ruling in Rahman v. Mott’s LLP, Case No. CV 13-3482 SI (N.D. Cal. Oct. 14, 2014), highlights courts’ varied approaches to the level of proof required to demonstrate Article III...more

Terms of Degree Must Provide Objective Boundaries

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

Supreme Court Adopts Reasonable Certainty Test for Definiteness

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

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

High Court Nixes “Amorphous” Federal Circuit Indefiniteness Standard

The U.S. Supreme Court yesterday reversed long-standing Federal Circuit precedent, replacing the test used to determine whether a patent is indefinite with a new reasonable certainty standard (NAUTILUS, INC. v. BIOSIG...more

Supreme Court Lowers Standard for Proving Patent Claims Are Indefinite

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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