The U.S. Supreme Court held 8-2 today that the Federal Circuit may no longer ignore some rulings by trial court judges on how to construe patent claims. The outcome marks a major victory for parties that win the often-decisive battles over claim construction in Markman hearings in district court.
“Fail to Inform with Reasonable Certainty” Replaces “Insolubly Ambiguous” Test for Patent Definiteness
Patents require definiteness
The U.S. Supreme Court has tightened the test for whether a patent "particularly point[s] out and distinctly claim[s] the subject matter which the applicant regards as [the] invention." 35 U.S.C. § 112, ¶ 2.
The Federal Circuit (which handles all appeals from district courts on patent matters) had interpreted the statute to