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.







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

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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