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Brian Ferrall Weighs In On High Court's Patent Indefiniteness Ruling


The U.S. Supreme Court on Monday ruled that the Federal Circuit's long-standing precedent for proving a patent indefinite allowed for too much ambiguity. Here, attorneys tell Law360 why the decision in Nautilus Inc. v. Biosig Instruments Inc. is significant.

“The Supreme Court’s opinion in Nautilus is an important, albeit small, step toward recalibrating the patent monopoly grant back to what the inventor actually invented. This is good ImageTitle for preserving a robust patent system, which is rightfully under attack for having granted patent rights that have little, or only vague, correlation to the inventor’s claimed improvement in the art. But the opinion leaves much to the Federal Circuit and district courts. Most important is the question of how to reconcile this definiteness requirement with the tolerance for sweeping claim constructions found in some Federal Circuit opinions. There will be much work to do at the district court and Federal Circuit to bring meaning and coherence to this new standard.” -- Brian Ferrall

To read the complete article, please visit the Law360 website here (subscription required.)