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Supreme Court of the United States › Indefiniteness

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
McDermott Will & Emery

PTO: Board to Align Indefiniteness Approach in AIA and District Court Proceedings

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On January 6, 2021, US Patent and Trademark Office (PTO) Director Andrei Iancu, Commissioner for Patents Andrew Hirshfeld and Chief Administrative Patent Judge Scott Boalick issued a memorandum to the members of the Patent...more

Fenwick & West LLP

Federal Circuit Confirms That “Magnetic Fuzz” Is Too Fuzzy for a Patent Claim

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On September 15, 2020, the U.S. Court of Appeals for the Federal Circuit, in IQASR v. Wendt, found that a district court did not err in its scrutiny of the extrinsic and intrinsic evidence presented to find U.S. Patent No....more

Fenwick & West LLP

Intellectual Property Bulletin - Fall 2020

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In This Issue - The Evolving Relationship Between Brands and Athletes: What Comes Next - The dominance of social media allows individuals, including athletes and other influencers, to build their personal brand within the...more

Dunlap Bennett & Ludwig PLLC

Most Notable Patent Decisions in the First Half of 2020

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In the first half of 2020, several notable decisions further shaped the course of patent law, with rulings from the Supreme Court and Federal Circuit impacting PTAB proceedings, as described below...more

Bradley Arant Boult Cummings LLP

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

Bradley Arant Boult Cummings LLP on

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

Fenwick & West LLP

Intellectual Property Bulletin - Summer 2018

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In This Issue - US Taxation of IP After Tax Reform - U.S. taxation of intellectual property has become astoundingly more complex after the Tax Cuts and Jobs Act. The new rules are so complex that the IRS and Treasury...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

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The Supreme Court is taking another patent case, granting certiorari in WesternGeco v. Ion. A divided panel of the Circuit had ruled that the plaintiff was not entitled to lost profits as a result of the sale of components of...more

Schwabe, Williamson & Wyatt PC

2017 Supreme Court and Precedential Patent Cases From the Federal Circuit, With Some Significant Cases from 2016

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Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Knobbe Martens

Federal Circuit Review - July 2017

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District Court Abused Discretion in Not Finding Case Exceptional - In Rothschild Connected Devices v. Guardian Protection Services, Appeal No. 2016-2521, the Federal Circuit held that a district court abused its discretion...more

Schwabe, Williamson & Wyatt PC

Summaries of All Supreme Court and Precedential Federal Circuit Patent Cases Decided Since Jun. 1, 2016

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This paper is based on reports on precedential patent cases decided by the Federal Circuit distributed by Peter Heuser on a weekly basis. ...more

McDermott Will & Emery

Clarifying the Obscure (Claim Indefiniteness) - The Dow Chemical Co. v. Nova Chemicals Corp. et al.

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Clarifying the application of the indefiniteness standard set forth in the Supreme Court’s Nautilus case, a divided U.S. Court of Appeals for the Federal Circuit denied a combined petition for rehearing and rehearing en banc...more

Morrison & Foerster LLP

MoFo IP Newsletter - January 2016

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Highlights of 2015 and What to Watch in 2016 in The United States - Commil USA, llC v. CiSCo SyStemS, inC. (Supreme Court, may 26, 2015). In May, the Supreme Court held that a good faith belief that an asserted patent...more

McDonnell Boehnen Hulbert & Berghoff LLP

Top Stories of 2015: #11 to #15

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After reflecting upon the events of the past twelve months, Patent Docs presents its ninth annual list of top patent stories. For 2015, we identified twenty stories that were covered on Patent Docs last year that we believe...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

Foley & Lardner LLP

Nautilus Standard Sinks Dow Patents

Foley & Lardner LLP on

Dow Chemical Company (“Dow”) lost a ruling that competitor NOVA Chemical Corporation and NOVA Chemicals Inc. (collectively “NOVA”) infringed claims of two Dow patents when the Federal Circuit applied the U.S. Supreme Court’s...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

Foley & Lardner LLP

Biosig Claims Pass Reasonable Certainty Test

Foley & Lardner LLP on

In its decision on remand from the Supreme Court, the Federal Circuit once again held the Biosig patent claims not indefinite, reversing the district court decision to the contrary. The decision came in Biosig Instruments,...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

Mintz - Intellectual Property Viewpoints

Indefiniteness: Are You Reasonably Certain?

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The indefiniteness standard has, until recently, been very high—only an “insolubly ambiguous claim” was considered indefinite (see, e.g., Honeywell Intern., Inc. v. International Trade, 341 F. 3d 1332, 1338–9 (Fed. Cir....more

Knobbe Martens

Federal Circuit Review - Nautilus, Limelight, and Alice (July 2014)

Knobbe Martens on

Supreme Court Sets New Indefiniteness Standard - In Nautilus, Inc. v. Biosig Instruments, Inc., Appeal No. 13-169, the Supreme Court vacated and remanded Federal Circuit’s reversal of summary judgment because the...more

Faegre Drinker Biddle & Reath LLP

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

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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

Goodwin

In Nautilus, Supreme Court Relaxes Standard for Finding Patents Invalid for Indefiniteness

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The U.S. Supreme Court, in Nautilus v. Biosig, recently reversed a Federal Circuit ruling that a patent is valid as long as the description of what it claims is not “insolubly ambiguous.” The Supreme Court’s decision, which...more

Foley & Lardner LLP

Supreme Court Adopts Reasonable Certainty Test for Definiteness

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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

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

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