Indefiniteness In Canada: An Overview For US Practitioners

Law360, New York (January 5, 2015, 10:17 AM EST) -- This summer, the U.S. Supreme Court issued an important ruling in Nautilus Inc. v. Biosig Instruments Inc., 134 S. Ct. 2120, 110 U.S.P.Q.2d 1688 (2014), restating the appropriate test for assessing whether a claim is indefinite. In light of this recent change in U.S. law, it is worth reflecting on the differences between the current approaches to indefiniteness applied in the U.S. and Canada, as these differences may be of strategic value when planning a litigation strategy against cross-border infringers....

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