Tag Archives: Reasonable Certainty

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

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