Chinta & Fratangelo LLP

Nautilus v. Biosig – The Supreme Court Clarifies the Clarity Requirement

Contact the author: Andrew Berks Nautilus, Inc. v. Biosig Instr.. Inc., No. 13-369 (S. Ct. 6/2/2014) Opinion by Ginsburg. The definiteness requirement, 35 U.S.C. §112(b) (AIA, effective 9/12/2012; previously §112 second para.) requires that a patent  “specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or […]

Stanford v. Roche – When is an assignment not an assignment?

This case was a dispute over conflicting assignments by an inventor to Stanford and a private lab where he did supporting work. When infringement litigation erupted between the parties, the defendant asserted it was a co-owner so the plaintiff had no standing to sue. The underlying research was federally funded, and Stanford asserted that the […]