U.S. Supreme Court Grants Certiorari to Klarquist’s Client Nautilus

Published January 14, 2014

On January 10, 2014, the Supreme Court granted our client Nautilus’ petition for a writ of certiorari to address the Federal Circuit’s standard for determining whether patent claims are sufficiently definite under the statutory requirement of particular and distinct patent claiming. In 2012, the U.S. District Court for the Southern District of New York, Honorable Alvin K. Hellerstein, granted Nautilus’ motion for summary judgment that Biosig’s U.S. Patent No. 5,334,753, relating to heart rate monitor devices, was invalid for indefiniteness. A three-judge panel at the Federal Circuit reversed that decision because the claim language was not—in its view—“insolubly ambiguous.” Nautilus asks the Supreme Court to reject that lenient standard. The Supreme Court will hear argument this April.