Tag Archives: Nautilus

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

Supreme Court Adopts Reasonable Certainty Test For Definiteness

On June 2, 2014, the Supreme Court issued a unanimous decision in Nautilus, Inc. v. Biosig Instruments, Inc., rejecting the Federal Circuit’s “insolubly ambiguous” test for patent claim indefiniteness under 35 USC § 112, and instead adopting a “reasonable certainty test.” The Court vacated the Federal Circuit decision rendered under the “insolubly ambiguous” test, and remanded for … Continue reading this entry

Federal Circuit Holds That Patent Indefiniteness Requires Insoluble Ambiguousness

In Biosig Instruments, Inc. v. Nautilus Inc., the Federal Circuit reversed the district court’s finding that the claims at issue were invalid as indefinite, because the claims were not “insolubly ambiguous.” This case underscores the difficulty of challenging a patent under 35 USC § 112, second paragraph.… Continue reading this entry