Category Archives: Section 112(2) – Indefiniteness

Promega v. Life Technologies – “Too Much Of Nothing?”

Although much more attention has been focused on the portion of this recent Fed. Cir. decision that held a defendant could “induce itself” into infringement under s. 271(1)(f), by sending one part of a kit to be assembled abroad, the … Continue reading

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Nautilus v. Biosig – Solving Insoluble Ambiguity?

Today the Supreme Court unanimously rejected the Fed. Cir.’s standard for resolving challenges to validity under s.112 para.2, based on whether or not a claim was “amenable to construction” and not “insolubly ambiguous”. Noting that Nautilus had urged that a patent … Continue reading

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