Bloomberg Law
December 6, 2021, 2:35 PM UTC

Justices Let Federal Circuit Patent Indefiniteness Ruling Stand

Perry Cooper
Perry Cooper
Legal Reporter

The U.S. Supreme Court declined to review the Federal Circuit’s application of the indefiniteness standard in an infringement suit over a fax machine patent.

Infinity Computer Products Inc. told the high court in a petition for review that the U.S. Court of Appeals for the Federal Circuit improperly found its patent indefinite based on Infinity’s allegedly contradictory arguments during the prosecution process. That conflicts with the Supreme Court’s 2014 holding in Nautilus Inc. v. Biosig Instruments Inc. that a patent is invalid as indefinite if it fails to inform a skilled artisan about the scope of the invention with reasonable ...

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