The surprise of the day Monday was the issuance of not one but two opinions from the April argument calendar – unanimous opinions in the two patent cases with which the Court closed the Term. Nautilus ...

The Supreme Court recently “conclude[d] that the Federal Circuit’s formulation, which tolerates some ambiguous claims but not others, does not satisfy the statute’s definiteness requirement.” Nautilus ...

EDITORIAL NOTE: What follows is an excerpt from the latest edition of Rules for Patent Drafting: Guidance from Federal Circuit Cases, 2017 Edition, which will be released the week of May 10, 2017.

The definiteness requirement of Section 112(b) of the Patent Act mandates that claims "particularly point[] out and distinctly claim[] the subject matter which the inventor or a joint inventor regards ...

The Justices started their last week of the Term considering a foundational problem of patent law – how to determine whether a patent is so “indefinite” that it is invalid. Because the basic bargain ...

On June 2, 2014, in Nautilus, Inc. v. Biosig Instruments, Inc., No. 13-369, the Supreme Court unanimously rejected the Federal Circuit’s test for determining indefiniteness of a patent claim as ...