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You Say “Insolubly Ambiguous,” I Say “Reasonably Certain”

nautilus

A Nautilus

Today on IPcopy we have a guest post from Maia H. Harris, Mark James FitzGerald, Ph.D., and Shayne Y. Huff, Ph.D of Nixon Peabody LLP on the recent Nautilus v. Biosig Instruments decision in the Supreme Court of the United States. Over to Maia, Mark and Shayne:

 

The United States Supreme Court Announced A New Standard For “Indefinite” Patent Claims, But It May Be Closer To The Same Old Thing

While critically important, claim construction has only infrequently received serious attention from the highest US Court.  Let’s face it – claim construction is not exactly exciting. Maybe that’s why we were all so excited here in the US on Monday, when the Supreme Court issued a decision in Nautilus v. Biosig Instruments in which it set out a purportedly new standard for determining when a claim has met the US Patent Act’s requirement that a claim be clearly defined.  The trouble is that we may have to wait a while before we figure out what that standard actually means.   (more…)