Lawyers Weigh In On High Court's Patent Indefiniteness Ruling

By Julia Revzin (June 2, 2014, 7:35 PM EDT) -- The U.S. Supreme Court on Monday ruled that the Federal Circuit's long-standing precedent for proving a patent indefinite allowed for too much ambiguity. Here, attorneys tell Law360 why the decision in Nautilus Inc. v. Biosig Instruments Inc. is significant.

James Barney, Finnegan Henderson Farabow Garrett & Dunner LLP

"The impact of this decision is not limited to any particular industry or type of patent. All patents in all areas of technology could be susceptible to indefiniteness challenges depending on how the Federal Circuit applies the new Nautilus test. For instance, it will be interesting to see how this new test applies...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!