Evidentiary, My Dear Watson; Biosig, Instruments v. Nautilus, Inc.
This is a guest post from Ronald Schutz of Robins, Kaplan, Miller & Ciresi. In Biosig, Instruments v. Nautilus, Inc., a unanimous panel of the Federal Circuit had little trouble deducing the definiteness of the patent at issue despite a lower court finding it “insolubly ambiguous.” Using both intrinsic and extrinsic evidence, the Biosig court found the patent term “spaced relationship” amenable to construction —and thus an improbable suspect for summary judgment on indefiniteness grounds. The entire post can be found here: APaTS Evidentiary My Dear Watson.
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