High Court to Review ‘Insolubly Ambiguous’ Indefiniteness Standard for Patent Claims

The Supreme Court granted Jan. 10 a petition for writ of certiorari challenging the standard set by the U.S. Court of Appeals for the Federal Circuit that a patent claim is indefinite, under 35 U.S.C. §112, para. 2, only if it cannot be construed or is “insolubly ambiguous,” in Nautilus, Inc. v. Biosig Instruments, Inc..

In the underlying case, the appeals court ruled against Nautilus Inc., formerly Stairmaster Co., the well known manufacturer of home and commercial exercise equipment, in concluding that the term “spaced relationship” could be calculated knowing the intended functionality of the claim. Biosig Instruments, Inc. v. Nautilus, Inc.