Nautilus: A Reliable Compass In The Sea Of Indefiniteness?

Law360, New York (June 9, 2014, 11:37 AM EDT) -- On June 2, 2014, the U.S. Supreme Court handed down a long-awaited decision overruling the Federal Circuit's "insolubly ambiguous" standard for determining whether a patent is invalid for indefiniteness. Nautilus Inc. v. Biosig Instruments Inc., No. 13-369, 2014 BL 151635 (U.S. June 02, 2014). According to the Federal Circuit's "insolubly ambiguous" standard, a disputed patent claim meets the 35 U.S.C. § 112, ¶2 definiteness threshold if the claim is amenable to at least one construction. The Supreme Court found that the Federal Circuit's articulation of this standard does not satisfy the statue's definiteness requirement of "particularly pointing out and distinctly claiming the subject matter."...

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