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Expert Analysis

You Say 'Insolubly Ambiguous,' I Say 'Reasonably Certain'

Law360, New York ( June 3, 2014, 9:44 PM EDT) -- In Monday's unanimous decision in Nautilus Inc. v. Biosig Instruments Inc., the U.S. Supreme Court found that the Federal Circuit's recent articulation of the standard for indefiniteness (i.e., only when a claim is "not amenable to construction" or "insolubly ambiguous") lacks the precision that Section 112 ¶ 2 demands, potentially leading to lower court confusion. In place of the "insolubly ambiguous" standard, the court held that "a patent is invalid for indefiniteness if its claims, read in light of the specification delineating the patent, and the prosecution history, fail to inform, with reasonable certainty, those skilled in the art about the scope of the invention."...

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