Justices Urged to ‘Correct’ Fed. Cir. Patent Indefiniteness Ruling

Sept. 16, 2021, 5:24 PM

The owner of a fax machine patent invalidated during an infringement suit asked the U.S. Supreme Court to step in “to once again correct the Federal Circuit’s misapplication of indefiniteness.”

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 was invalid based on two allegedly inconsistent positions during the prosecution process. That conflicts with the Supreme Court’s 2014 holding in Nautilus Inc. v. Biosig Instruments Inc. that the indefiniteness test requires the patent to inform a skilled artisan about the scope of ...

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