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Expert Analysis

A Patent-Claim Clarity Crackdown Is On The Horizon

Law360, New York (March 25, 2014, 1:36 PM EDT) -- The U.S. Supreme Court's upcoming consideration of the insolubly ambiguous indefiniteness standard is further evidence of a movement in U.S. patent law toward more definite patent claims. A new indefiniteness standard, or a revised interpretation of the indefiniteness standard, may have wide-reaching effects on patent enforcement. Patents issued under the old indefiniteness standard may be more susceptible to invalidity assertions for lack of clarity in patent litigations and in post-grant review proceedings before the U.S. Patent and Trademark Office. Patent practitioners should recognize this movement toward more clarity when drafting and prosecuting patent applications....

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