McDonnell Boehnen Hulbert & Berghoff LLP partner Kevin Noonan., Ph.D., authored an article entitled, “Supreme Court Enunciates New Indefiniteness Standard” that appears in the June 20, 2014 online edition of BIOTechNOW. The Supreme Court has once again reversed a decision by the Federal Circuit, in this case involving the proper standard for finding claims indefinite. The case, Nautilus, Inc. v. Biosig Instruments, Inc., overturned the Federal Circuit’s “insolubly ambiguous” test and substituted its own “reasonable certainty” test. The Court left intentionally unclear the precise ways in which their new test will differ from the Federal Circuit’s abrogated test, leaving it to the lower court to decide in the first instance whether the claims are indefinite using the Court’s new test. View the article
