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Articles

N.D. Ga. Rejects Indefiniteness Argument under Nautilus v. Biosig

August 26, 2014

Articles

N.D. Ga. Rejects Indefiniteness Argument under Nautilus v. Biosig

August 26, 2014

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Was Nautilus much ado about nothing? In the wake of the Supreme Court’s June decision in Nautilus, Inc. v. Biosig Instruments, Inc., many have speculated as to whether the Court’s new formulation of the indefiniteness test would have significant impact. One early data point suggests Nautilus’s impact may be limited.

In Wonderland Nurserygoods Co., Ltd. v. Kids II, Inc., Chief Judge Thomas W. Thrash, Jr. recently denied Kids II’s motion to reconsider his previous Markman ruling. In the earlier ruling, the court rejected Kids II’s indefiniteness challenge, finding the patent claims not “insolubly ambiguous,” under the Federal Circuit’s then-governing standard. —Read more on Fish’s Litigation Blog

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