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The Business of Patents

Procedural Mechanisms for Invalidating Patent Claims Due to Indefiniteness

One of the defenses available to an accused infringer is that the asserted patent claims are invalid for indefiniteness.  The Patent Statute requires that the claims of a patent "particularly point[] out and distinctly claim[] the subject matter which the applicant regards as his invention."  35 U.S.C. § 112 (b) (formerly...

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Invalidating Patent Claims For Failing to Include Required Aspects of an Invention

In last month’s blog, we discussed the Federal Circuit’s decision in X2Y Attenuators, LLC. V. International Trade Commission, a case which demonstrated how limiting descriptions of an invention in a patent specification can be used to restrict the scope of otherwise facially broad claims. ...

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Federal Circuit’s X2Y Attenuators Decision Reinforces The Importance Of Drafting Patents For Litigation

On July 7, 2014, the Federal Circuit Court of Appeals issued an opinion in X2Y Attenuators, LLC v. International Trade Commission, which underscores the importance of carefully drafting patent applications with an eye toward litigation.  The decision also demonstrates why form often dominates over substance in patent litigation.  A copy of the opinion...

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Indefiniteness - Patent Claims Must "Inform Those Skilled in the Art With Reasonable Certainty" About the Scope of the Invention

In Nautilus, Inc. v. Biosig Instruments, Inc., the Supreme Court reversed the Federal Circuit's holding that claims directed to a heart rate monitor were sufficiently definite to avoid invalidation and remanded the case to the Federal Circuit.  For a copy of the opinion, click Read More

Are Business Method Patents Dead? - Supreme Court Strikes Down Patent Claims Directed to Computerized Method of “Intermediated Settlement”

If business method patents are not dead, after this month’s decision in Alice Corp. v. CLS Bank International, they are at least on life support. For a copy of the opinion, click here. In Alice Corp., the Supreme Court...

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