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Fed. Circ. May Fill In Blanks On New Indefiniteness Rule

Law360, New York (October 27, 2014, 7:46 PM EDT) -- At arguments Wednesday in the remand of a case in which the U.S. Supreme Court set a new standard for proving that a patent is indefinite, the Federal Circuit has a chance to provide clarity about how the new test works in practice that was missing from the high court's opinion, attorneys say.

In Nautilus Inc. v. Biosig Instruments Inc., the high court threw out the Federal Circuit's rule that patents are invalid as indefinite only if they are "insolubly ambiguous." The justices held instead that a patent is indefinite if it fails to inform a person skilled in the art...

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Case Information

Case Title

Subscribers Only

Case Number

Subscribers Only

Court

Appellate - Federal Circuit

Nature of Suit

830 Patent Infringement (Fed. Question)

Date Filed

March 26, 2012

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Patents