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Navigating Terms Of Degree Post-Nautilus

Law360, New York (September 25, 2014, 9:27 AM EDT) -- At the heart of nearly every patent litigation is a dispute over the meaning of claim terms. Such disputes often arise in the form of a claim definiteness challenge by the accused infringer. Recently, in Nautilus v. Biosig[1], the U.S. Supreme Court relaxed the requirements for proving a claim indefinite, but offered very little guidance as to how claim drafters might comply with its ruling.

The June 2, 2014, Nautilus ruling overturned the Federal Circuit’s “insoluble ambiguity” and “amenable to construction” tests for determining whether a patent claim is invalid for indefiniteness.[2] The test for indefiniteness is now whether the “claims,...

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