TEVA PHARMACEUTICALS USA v. SANDOZ INC. (Fed. Cir. 2013) (P) – Mathematical issues of indefiniteness

by Steve Driskill | Jul 26, 2013 | [sub] breadth, Indefiniteness

An ambiguous term that refers to an indeterminate one of several possibilities may be held to be indefinite rather than simply broad when the claim scope changes dramatically depending on how it is construed. This is especially true for mathematical ranges where the...

BIOSIG INSTRUMENTS, INC. v. NAUTILUS, INC. (Fed. Cir. 2013) (P) – Indefiniteness

by Steve Driskill | Apr 26, 2013 | [sub] ranges, Indefiniteness

The discussion of indefiniteness case law in this opinion is quite comprehensive and worth consulting if you ever need general guidance on the topic. Here, the court focused on the idea that the claims provide “inherent” parameters of the claimed “spaced...

IN RE DOROTHY HARTMAN (Fed. Cir. 2013) (NP) – Indefiniteness to the extreme

by Steve Driskill | Mar 8, 2013 | [sub] clarity, Indefiniteness

Not much besides its entertainment value. This appears to simply be a case of an inexperienced and possibly delusional applicant. Background / Facts: It’s not a good sign for the appellant when the opinion starts off by noting that “[i]n essence, Hartman claimed to...

ERNIE BALL, INC. v. EARVANA, LLC (Fed. Cir. 2013) (NP) – Mathematical issues of indefiniteness

by Steve Driskill | Jan 24, 2013 | [sub] breadth, Indefiniteness

Be careful when using mathematical terms that have very broad even if precise definitions. While the applicant here clearly intended to convey only the basic idea that the shape of the intonation portions is not arced like the crest of a sine wave, they ended up...