Will 'Nautilus' Significantly Change the Strength of Patents?

, New York Law Journal


Richard F. Martinelli and Nicholas H. Lam of Orrick, Herrington & Sutcliffe write: There is one case on the U.S. Supreme Court's patent-heavy docket this term that has the potential to impact every issued patent. 'Nautilus v. Biosig Instruments' has the potential for such broad impact because it addresses how precise patentees must be in defining their invention; in patent parlance, the issue is called indefiniteness.

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