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Supreme Court Adopts “Reasonable Certainty” Standard for Evaluating Indefiniteness Challenges to Patent Claims

On June 6, 2014 by Schnader

On June 2, 2014, the Supreme Court rejected the Federal Circuit’s standard for determining whether a patent claim is invalid for indefiniteness under 35 U.S.C. §112(b), adopting instead a standard requiring greater clarity in patent claims. This result should have a significant impact, most notably on patent litigation, as the new standard could be a boon for alleged infringers by potentially making it easier to challenge imprecise or overbroad patent claims in an infringement suit.

 

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