ACCEPTANCE OF AMBIGUOUS PATENT CLAIMS AS DEFEATING STATUTORY REQUIREMENT OF PARTICULAR AND DISTINCT PATENT CLAIMS

摘要

Granting certiorari from a Federal Circuit decision holding that a term in a patent did not suffer from indefiniteness even though the patent did not specifically define the term with actual parameters, see Biosig Instruments, Inc. v. Nautilus, Inc., 715 F.3d 891, 106 U.S.P.Q.2d 1554 (Fed. Cir. 2013), cert. granted, 2014 WL 92363 (U.S. 2014), the United States Supreme Court has agreed to address whether the Federal Circuit's acceptance of ambiguous patent claims with multiple reasonable interpretations, so long as the ambiguity is not "insoluble" by a court, defeats the statutory requirement of particular and distinct patent claiming.