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Category: Patent Invalidity

Patent Invalidity, Patent Litigation

Procedural Mechanisms for Invalidating Patent Claims Due to Indefiniteness

September 16, 2014September 16, 2014stevehansenIndefiniteness, patent invalidity, Patent litigation

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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Patent Invalidity

Indefiniteness – Patent Claims Must “Inform Those Skilled in the Art With Reasonable Certainty” About the Scope of the Invention

June 24, 2014stevehansenIndefiniteness

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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Patent Invalidity

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

June 24, 2014stevehansenBusiness Methods, Statutory Subject Matter

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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Tag Cloud

Claim Construction (13) Infringement (13) Invalidity (26) Patentability (17) Patent Infringement (7) Patent Invalidity (13) Patent Litigation (40) Patent Preparation and Prosecution (36) Patents (42) Portfolio Development and Innovation (37) Reexamination and Post Grant Review (6)

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