Steven E. Roberts, Partner

Publications & Media

Nautilus, Inc. v. Biosig Instruments, Inc., U.S. Supreme Court Opinion (June 2, 2014) (9-0)

Steven E. Roberts

Key points:

  • A patent claim is invalid for indefiniteness under § 112, ¶2 if the claim, read in light of the patent's specification and prosecution history, fails to inform, with reasonable certainty, those skilled in the art about the scope of the invention.
  • The Federal Circuit's formulation--that a patent claim is not definite so long as the claim is "amenable to construction" and the claim, as construed, is not "insolubly ambiguous"--does not satisfy the definiteness requirement.