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
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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,
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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 affirmed an en
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