June 27, 2022

Volume XII, Number 178

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June 24, 2022

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What Do The Supreme Court Decisions in Limelight and Nautilus Mean For You?

The Justices of the Supreme Court of the United States have rarely reached consensus on any issues this term.  However, they achieved unanimity in two patents cases recently, which may have a significant impact on you and your patent portfolio.

By deciding to hear several patent cases this term, the Court has sent a clear message that it has a continued interest in clarifying the law governing critical patent doctrines.  In Limelight Networks v. Akamai Technologies, the Court ruled on matters of induced infringement and in Nautilus v. Biosig Instruments, the primary issue at hand was indefiniteness.

The Limelight decision reduces the scope of protection afforded to patented methods when different steps of those methods are performed by different parties.

The Nautilus decision rejected the Federal Circuit’s standard for indefiniteness, namely that a claim is indefinite only when it is “not amenable to construction” or is “insolubly ambiguous,” in favor of requiring “that a patent’s claims viewed in light of the specification and prosecution history, inform those skilled in the art about the scope of the invention with reasonable certainty.”  The Court then remanded the case back to the Federal Circuit to determine whether the claims are sufficiently definite under this new standard.

Our attorneys provide more discussion and insight into how these cases may impact you in this alert.

©1994-2022 Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C. All Rights Reserved.National Law Review, Volume IV, Number 174
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About this Author

Associate

Sandra Badin focuses her patent practice on appeals before the Federal Circuit and high-priority motions in the federal district courts and the U.S. International Trade Commission.  She has represented clients in many different technology fields with patents covering radio frequency transceivers, graphics processing units, LCD displays, medical records processing systems, electronic point-of-sale systems, high-density plasma cutting torches, dental materials and processes, specialty fabrics, and financial and business methods.  Sandra crafts winning appellate briefs and...

617.348.1604
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