Today, the U.S. Supreme Court held an oral hearing in Nautilus, Inc. v. Biosig Instruments Inc.
Here's a copy of the written transcript of the oral hearing.
As a reminder, Biosig states the question presented to the Supreme Court is (1) whether Petitioner has shown that the Federal Circuit's test for patent indefiniteness under 35 U.S.C. § 112, para. 2, conflicts with this Court's precedent in light of the U.S. Patent and Trademark Office recently informing this Court that there was no conflict, and (2) whether the Federal Circuit erred in giving respect to the presumption of validity specified by Congress in 35 U.S.C. § 282 in considering the invalidity defense of indefiniteness under 35 U.S.C. §112, para. 2.
Nautilus states the question presented is (1) does the Federal Circuit’s acceptance of ambiguous patent claims with multiple reasonable interpretations— so long as the ambiguity is not "insoluble" by a court—defeat the statutory requirement of particular and distinct patent claiming, and (2) does the presumption of validity dilute the requirement of particular and distinct patent claiming?
For background: Supreme Court Grants Review of Definiteness Requirement of 35 USC 112 in Nautilus v. Biosig Instruments
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