Editor's Note :

Editor's Note :

On Monday at 9:30 a.m. we expect the Court to issue orders from the October 17 Conference; we do not expect the Justices to issue any decisions on the merits.

Applera Corp. v. Enzo Biochem, Inc.

Petition for certiorari denied on June 20, 2011
Docket No. Op. Below Argument Opinion Vote Author Term
10-426 Federal Cir. N/A N/A N/A N/A OT 2010

Issue: Whether the Federal Circuit's standard for finding that a patent’s claims are “definite,” which is met as long as the language of a claim is not “insolubly ambiguous” or is capable of being construed, is consistent with the language of 35 U.S.C. § 112, which provides that the patent must include “claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.”

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