Biosig Instruments, Inc. v. Nautilus, Inc. (S.D.N.Y.) (“Biosig II”)

On April 28, 2014, Nautilus argued before the Supreme Court to reject the Federal Circuit’s lenient standard for definiteness. The Supreme Court unanimously held that the standard for definiteness applied by the Federal Circuit was too liberal. And it articulated that patent claims are indefinite if “read in light of the specification delineating the patent, and the prosecution history, fail to inform, with reasonable certainty, those skilled in the art about the scope of the invention.”

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