BIOSIG INSTRUMENTS, INC. v. NAUTILUS, INC. (Fed. Cir. 2015) (P) – Terms of degree are not indefinite when their bounds can be inferred from operational requirements

Claim language employing terms of degree is not indefinite when its bounds can be inferred from inherent parameters related to proper operation. Here, for example, a “spaced relationship” between two electrodes was found to be sufficiently definite because the spacing...

INFO-HOLD, INC. v. APPLIED MEDIA TECH. CORP. (Fed. Cir. 2015) (P) – Use of the term “preferred” implies that alternatives are contemplated

Use of the term “preferred” when describing example embodiments implies that alternatives are contemplated. Here, for example, the mention in the specification of a “preferred” receive-only manner of communication was found to imply the invention’s ability to operate...

BELDEN INC. v. BERK-TEK LLC (Fed. Cir. 2015) (NP) – Dictionary definitions provide an adequate starting point when the specification does not recite a claim term

Dictionary definitions provide an adequate starting point when the specification does not recite a claim term. Here, for example, the claim term “channel” was found to be adequately characterized by its dictionary definition of “a long gutter, groove, or furrow”...

INEOS USA LLC v. BERRY PLASTICS CORPORATION (Fed. Cir. 2015) (P) – Establishing “criticality” of claimed range can avoid anticipation by broader, overlapping range

It is important to establish the “criticality” of a claimed range to the claimed invention in order to avoid anticipation by a prior art reference disclosing a broader, overlapping range. Here, for example, a lubricant claimed in the amount of 0.05 to 0.5% by weight...