News & Analysis as of July 13, 2025

Claim Construction

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The Leahy-Smith America Invents Act is a United States federal statute enacted in 2011 aimed at simplifying the U.S. patent system and allowing inventions to be brough to market sooner. The AIA makes significant changes to the patent system, including changing from a first-to-invent scheme to a first-to-file scheme, eliminating interference proceedings and developing post-grant opposition. less -

Latest Federal Court Cases: Fintiv, Inc. v. Paypal holdings, Inc.

Schwabe, Williamson & Wyatt PC on 5/6/2025

Fintiv, Inc. v. Paypal holdings, Inc., Appeal No. 2023-2312 (Fed. Cir. Apr. 30, 2025) In its only precedential patent opinion last week, the Federal Circuit affirmed a district court’s determination that the terms “payment...more

Federal Circuit Patent Watch: Stick to the original idea in reissues

WilmerHale on 7/26/2023

Precedential Federal Circuit Opinions - IN RE: FLOAT'N'GRILL LLC [OPINION] (2022-1438, 7/12/2023) (Prost, Linn, and Cunningham) - Linn, J. The Court affirmed the Patent Trial and Appeal Board’s decision “affirming the...more

The USPTO Clarifies its Approach to Indefiniteness in AIA Post-Grant Proceedings

Rothwell, Figg, Ernst & Manbeck, P.C. on 2/15/2021

Last month, in January 2021, the United States Patent and Trademark Office (“USPTO”) published a memorandum (the “January 2021 Memorandum”) clarifying how it will analyze claims for indefiniteness in AIA post-grant...more

PTO: Board to Align Indefiniteness Approach in AIA and District Court Proceedings

McDermott Will & Emery on 1/22/2021

On January 6, 2021, US Patent and Trademark Office (PTO) Director Andrei Iancu, Commissioner for Patents Andrew Hirshfeld and Chief Administrative Patent Judge Scott Boalick issued a memorandum to the members of the Patent...more

USPTO Updates Indefiniteness Standard in AIA Post-Grant Proceedings to Match Those of the District Court Under Nautilus

Haug Partners LLP on 1/8/2021

On January 6, 2021, the United States Patent and Trademark Office (“USPTO”) published a Memorandum that changed the indefiniteness analysis under 35 U.S.C. §112 that the Patent Trial and Appeal Board (“PTAB”) applies in...more

Intellectual Property Bulletin - Summer 2018

Fenwick & West LLP on 7/11/2018

In This Issue - US Taxation of IP After Tax Reform - U.S. taxation of intellectual property has become astoundingly more complex after the Tax Cuts and Jobs Act. The new rules are so complex that the IRS and Treasury...more

Indefiniteness Standard Applicable in PGRs: Reasonably Certain or Clear?

Jones Day on 6/8/2018

Whether a claim is indefinite under 35 U.S.C. § 112 is analyzed under different standards by District Courts and the PTAB. District Courts apply the standard articulated by the Supreme Court in Nautilus requiring a patent’s...more

In re McAward (PTAB 2017)

McDonnell Boehnen Hulbert & Berghoff LLP on 8/31/2017

Patent law can be apparently inconsistent, particularly where claim construction is concerned. For example, claim construction standards that apply in district court are not the same standards that the U.S. Patent and...more

Supreme Court Decision Invites More Challenges to Patent Claims as Indefinite

Foley Hoag LLP on 6/6/2014

On Monday, in Nautilus Inc. v. Biosig Instruments, the United States Supreme Court unanimously set aside the Federal Circuit’s indefiniteness standard, potentially easing the way for defendants to invalidate ambiguous patent...more

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