Category Archives: Indefiniteness

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Court Invalidates Improper Multiple Dependent Claims

In Trustees of the University of Pennsylvania v. Eli Lilly and Co., the U.S. District Court for the Eastern District of Pennsylvania refused to correct improper multiple dependent claims and instead held them invalid under 35 U.S.C. § 112, ¶ 5, and therefore not infringed. While some may consider improper multiple dependent claims as failing … Continue reading this entry

Court Finds Dow Claims Clearly Indefinite

In Dow Chemical Co. v. Nova Chemicals Corp., the Federal Circuit held claims reciting a limitation that could be calculated in several ways indefinite where the patent claims, specification, and prosecution history failed to indicate which method should be used. For those wondering whether the “reasonable certainty” standard set forth in the Supreme Court’s Nautilus decision will … Continue reading this entry

Biosig Claims Pass Reasonable Certainty Test

In its decision on remand from the Supreme Court, the Federal Circuit once again held the Biosig patent claims not indefinite, reversing the district court decision to the contrary. The decision came in Biosig Instruments, Inc. v. Nautilus, Inc., and applied the Supreme Court’s “reasonable certainty test” rather than the Federal Circuit’s previous “insolubly ambiguous test.” … Continue reading this entry

Court Finds Patent Indefiniteness In Unobtrusive Claims

In Interval Licensing LLC v. AOL, Inc., the Federal Circuit applied the test for patent indefiniteness set forth in the recent Supreme Court decision in Nautilus, Inc. v. Biosig Instruments, and found that claims reciting an “unobtrusive” display were invalid. In so doing, the Federal Circuit noted the “highly subjective” nature of the claim language … Continue reading this entry

Takeda Prevacid SoluTab Patent Valid, But Not Infringed

In Takeda Pharmaceutical Company Ltd. v. Zydus Pharmaceuticals USA, Inc., the Federal Circuit reversed the district court’s finding that Zydus’s proposed generic product infringed Takeda’s Prevacid® SoluTab™ patent, but agreed with the district court that Zydus had failed to prove that the patent is invalid. However, the Federal Circuit also explained that it would have … Continue reading this entry