Does the Federal Circuit use the wrong standard for indefiniteness?
Nautilus Inc. says yes, according to its certiorari petition, seeking Supreme Court review. The Federal Circuit concluded that Biosig Instrument’s patent claims were sufficiently definite. Nautilus’s petition, along with the petition from amici Electronic Frontier Foundation and Public Knowledge, argue the Federal Circuit’s use of the “insolubly ambiguous” test for determining definiteness is nearly impossible…