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Welcome to the Snell & Wilmer intellectual property and technology litigation blog! Check here for useful news and information about patent, trademark, copyright, trade secret, and other IP and technology litigation developments.
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A patent must be “definite”: it must particularly point out and distinctly claim the invention. 35 U.S.C. § 112 ¶ 2. Otherwise, the patent is not valid. 35 U.S.C. § 282 ¶ 2(3). On June 2, 2014, the Supreme Court in Nautilus v. Biosig Instruments unanimously decided the appropriate standard for determining whether a patent claim is definite, rejecting the Federal Circuit’s standard. Biosig owns U.S. Patent No. 5,337,753 for an exercise heart-rate monitor of the kind on a cylindrical treadmill grip, where the user grips two sets of sensors, one with each hand. Each set of sensors has two electrodes “in Read More »
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