Post-Nautilus Most Indefinite Patent Challenges Fail

Law360, New York ( September 16, 2014, 10:56 AM EDT) -- On June 4, 2014, the U.S. Supreme Court issued Nautilus Inc. v. Biosig Instruments Inc. and adopted the new "reasonable certainty" standard for finding patent claim terms indefinite. Some commentators suggested that this new standard would increase the frequency that claims are invalidated as indefinite. In practice though, that does not appear to have happened, at least not so far. In the three months since, almost 40 decisions have considered indefiniteness challenges and yet, generally, have rejected them. These results suggest both procedural and substantive strategies for practitioners to consider....

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