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U.S. Supreme Court,
Intellectual Property

Feb. 6, 2018

The evolving standard for patent claim definiteness

A recent Federal Circuit opinion clarified the “reasonable certainty” standard for patent claim definiteness established by the U.S. Supreme Court in a 2014 ruling.

Lingling Zhao Ph.D.

Patent Engineer
Fenwick & West LLP

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Clark Zhang Ph.D.

Patent Agent
Fenwick & West LLP

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Vikram Iyengar

Associate
Fenwick & West LLP

intellectual property, litigation

801 California St
Mountain View , CA 94041

Phone: (650) 335-7140

Email: viyengar@fenwick.com

Stanford law school

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Rajendra Panwar

Associate
Fenwick & West LLP

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The recent opinion in BASF Corp. v. Johnson Matthey Inc., 875 F.3d 1360 (Fed. Cir. 2017), clarified the "reasonable certainty" standard for patent claim definiteness established by the U.S. Supreme Court in Nautilus, Inc. v. Biosig Instruments, Inc., 134 S. Ct. 2120 (2014). In BASF Corp., the U.S. Court of Appeals for the Federal Circuit stated that the context in which a skilled artis...

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