In a landmark decision today, June 2, 2014, the United States Supreme Court disagreed with a decision of the Court of Appeals of the Federal Circuit (CAFC) on just how definite a claim must be to avoid invalidity. The CAFC had previously held that a claim was not invalid for indefiniteness unless it was “insolubly ambiguous”. The Supreme Court disagreed, stating that the standard for determining whether a claim is invalid for indefiniteness is whether it provides “reasonable certainty” as to the scope of the invention. Nautilus, Inc. v. Biosig Instruments, Inc., 572 U. S.___ (6/2/2014). You can download the decision here: http://www.supremecourt.gov/opinions/13pdf/13-369_1idf.pdf
This decision immediately affects positions in litigation and licensing. Patentees should consider correction of patents where claims are subject to a validity challenge on definiteness grounds. Applicants should consider claim amendments to avoid post issue indefiniteness challenges. Contact Neifeld IP Law if you need advice specific to a particular situation.
I can be reached via the firm’s website, at: http://www.neifeld.com/cv.html
