Nautilus, Inc. v. Biosig Instruments, Inc.

Docket No.	Op. Below	Argument	Opinion	Vote	Author	Term
13-369	Fed. Cir.	Apr 28, 2014 Tr.Aud.	Jun 2, 2014	9-0	Ginsburg	OT 2013

Disclosure: Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, is among the counsel on an amicus brief in support of the respondent in this case.

Holding: A patent is invalid for indefiniteness if its claims, read in light of the patent’s specification and prosecution history, fail to inform, with reasonable certainty, those skilled in the art about the scope of the invention.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Ginsburg on June 2, 2014.

SCOTUSblog Coverage

Opinion analysis: Justices take blue pencil to Federal Circuit opinions on definiteness (Ronald Mann)
A “view” from the Court: Bad news for the Federal Circuit, good news for Bond (Mark Walsh)
Argument recap: Justices seem to coalesce around “skilled artisan” standard for definiteness of patents (Ronald Mann)
Argument preview: Justices to wade into morass about “indefinite” claims in patents (Ronald Mann)
Petition of the day (Mary Pat Dwyer)

Date	Proceedings and Orders (key to color coding)
Aug 25 2013	Consent to the filing of amicus cuirae briefs, in support of either party or of neither party, received from counsel for the petiioner.
Sep 21 2013	Petition for a writ of certiorari filed. (Response due October 23, 2013)
Oct 3 2013	Order extending time to file response to petition to and including November 22, 2013.
Oct 23 2013	Brief amici curiae of Amazon.Com, Inc., et al. filed.
Oct 23 2013	Brief amici curiae of Public Knowledge, and The Electronic Frontier Foundation filed.
Nov 22 2013	Brief of respondent Biosig Instruments, Inc. in opposition filed.
Dec 10 2013	Reply of petitioner Nautilus, Inc. filed. (Distributed)
Dec 11 2013	DISTRIBUTED for Conference of January 10, 2014.
Jan 10 2014	Petition GRANTED.
Feb 11 2014	SET FOR ARGUMENT ON Monday, April 28, 2014
Feb 18 2014	Record received from U.S.C.A. Federal Circuit is electronic and located on PACER.
Feb 18 2014	Record received from U.S.D.C. Southern District of New York is Electronic and located on PACER. Record also received on 02/21/2014,(1 Envelope). Part of this record is SEALED and also have 1 Exhibit filed electronically (Not PACER).
Feb 24 2014	Joint appendix filed. (Statement of costs filed)
Feb 24 2014	Brief of petitioner Nautilus, Inc. filed.
Feb 26 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner.
Feb 27 2014	Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent.
Feb 28 2014	Brief amicus curiae of AARP filed.
Mar 3 2014	Brief amici curiae of Amazon.Com, Inc., et al. filed.
Mar 3 2014	Brief amicus curiae of Sigram Schindler Beteiligungsgesellschaft mbH in support of neither party filed.
Mar 3 2014	Brief amicus curiae of The Intellectual Property Law Association of Chicago in support of neither party filed.
Mar 3 2014	Brief amicus curiae of Yahoo! Inc. filed.
Mar 3 2014	Brief amicus curiae of Professor S. Menell in support of neither party filed.
Mar 3 2014	Brief amicus curiae of Microsoft Corporation filed.
Mar 3 2014	Brief amicus curiae of American Bar Association in support of neither party filed.
Mar 3 2014	Brief amici curiae of Nova Chemicals Inc., et al. filed.
Mar 3 2014	Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed.
Mar 3 2014	Brief amici curiae of Electronic Frontier Foundation and Public Knowledge filed.
Mar 3 2014	Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed.
Mar 10 2014	CIRCULATED.
Mar 10 2014	Motion for leave to file amicus brief filed by Ananda M. Chakrabarty Ph.D.
Mar 24 2014	Motion for leave to file amicus brief filed by Ananda M. Chakrabarty Ph.D. GRANTED.
Mar 26 2014	Brief of respondent Biosig Instruments, Inc. filed. (Distributed)
Apr 2 2014	Brief amicus curiae of the United States filed. (Distributed)
Apr 2 2014	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed.
Apr 2 2014	Brief amici curiae of Nokia Corporation and Nokia USA Inc. filed. (Distributed)
Apr 2 2014	Brief amicus curiae of Biotechnology Industry Organization filed. (Distributed)
Apr 2 2014	Brief amicus curiae of Interval Licensing LLC filed. (Distributed)
Apr 14 2014	Reply of petitioner Nautilus, Inc. filed. (Distributed)
Apr 18 2014	Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED.
Apr 28 2014	Argued. For petitioner: John D. Vandenberg, Portland, Ore. For respondent: Mark D. Harris, New York, N. Y.; and Curtis E. Gannon, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.)
Jun 2 2014	Judgment VACATED and case REMANDED. Ginsburg, J., delivered the opinion for a unanimous Court.
Jul 7 2014	Judgment issued.
Jul 9 2014	Record Returned for U.S.D.C. Southern District of New York.

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Nautilus, Inc. v. Biosig Instruments, Inc.

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Peabody Award

Sigma Delta Chi

National Press Club Award

Silver Gavel Award

American Gavel Award

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