ARE Patent Law Alert:
Supreme Court Rejects “Insolubly Ambiguous” Standard For Claim Indefiniteness Analysis

On June 2, 2014, the U.S. Supreme Court unanimously rejected the Federal Circuit’s “insolubly ambiguous” standard in evaluating a patent claim’s definiteness under 35 U.S.C. § 112, ¶ 2.  Nautilus, Inc. v. Biosig Instruments, Inc., No. 13-369, 574 U.S. __ (June 2, 2014). The Supreme Court criticized this formulation because it “can breed lower court […]

In The Press: IP Law 360 turns to partner Charles R. Macedo for insight on Fresenius USA, Inc. v. Baxter Int’l, Inc.

The Baxter decision encourages accused infringers to come up with ways to delay litigation to give the USPTO more time to invalidate the patent, driving up litigation costs, said Charles Macedo of Amster Rothstein & Ebenstein LLP. “It’s saying that if you challenge long enough, the PTO may come to the rescue,” he said. The […]