Law360 quotes Cantor Colburn’s Ryan on Supreme Court ruling
Law360 quoted several attorneys about the Nautilus Inc. v. Biosig Instruments Inc. decision and amongst them was Cantor Colburn’s Andrew C. Ryan.
The U.S. Supreme Court came to the ruling that “the Federal Circuit's long-standing precedent for proving a patent indefinite allowed for too much ambiguity.” Ryan’s quote in the article expressed his reaction of the decision.
“The Nautilus Court rejected the Federal Circuit’s ‘insolubly ambiguous’ standard for indefiniteness and replaced it with a ‘reasonable certainty’ standard. However, the court agreed that some of the Federal Circuit’s ‘fuller explications’ of the term ‘insolubly ambiguous’ came closer to tracking the statute. Because many of the Federal Circuit’s decisions actually employ a ‘reasonable certainty’ type analysis, we do not expect the substance of the indefiniteness standard to meaningfully change.”
Ryan is a partner and leader of the Post-Grant Proceedings Practice Group at Cantor Colburn. He is a trial lawyer with over a decade of experience representing plaintiffs and defendants in patent cases and other complex litigation matters.