Nautilus, Inc. v. Biosig Instruments, Inc.
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 13-369 | Fed. Cir. | Apr 28, 2014 | Jun 2, 2014 | 9-0 | Ginsburg | OT 2013 |
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, June 3, 2014)
- A view from the Court: Bad news for the Federal Circuit, good news for Bond (Mark Walsh, June 2, 2014)
- Argument recap: Justices seem to coalesce around skilled artisan standard for definiteness of patents (Ronald Mann, April 30, 2014)
- Argument preview: Justices to wade into morass about indefinite claims in patents (Ronald Mann, April 17, 2014)
- Petition of the day (Mary Pat Dwyer, January 9, 2014)
| Date | Proceedings and Orders |
|---|---|
| 08/25/2013 | Consent to the filing of amicus cuirae briefs, in support of either party or of neither party, received from counsel for the petiioner. |
| 09/21/2013 | Petition for a writ of certiorari filed. (Response due October 23, 2013) |
| 10/03/2013 | Order extending time to file response to petition to and including November 22, 2013. |
| 10/23/2013 | Brief amici curiae of Amazon.Com, Inc., et al. filed. |
| 10/23/2013 | Brief amici curiae of Public Knowledge, and The Electronic Frontier Foundation filed. |
| 11/22/2013 | Brief of respondent Biosig Instruments, Inc. in opposition filed. |
| 12/10/2013 | Reply of petitioner Nautilus, Inc. filed. (Distributed) |
| 12/11/2013 | DISTRIBUTED for Conference of January 10, 2014. |
| 01/10/2014 | Petition GRANTED. |
| 02/11/2014 | SET FOR ARGUMENT ON Monday, April 28, 2014 |
| 02/18/2014 | Record received from U.S.C.A. Federal Circuit is electronic and located on PACER. |
| 02/18/2014 | 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). |
| 02/24/2014 | Joint appendix filed. (Statement of costs filed) |
| 02/24/2014 | Brief of petitioner Nautilus, Inc. filed. |
| 02/26/2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the petitioner. |
| 02/27/2014 | Consent to the filing of amicus curiae briefs, in support of either party or of neither party, received from counsel for the respondent. |
| 02/28/2014 | Brief amicus curiae of AARP filed. |
| 03/03/2014 | Brief amici curiae of Amazon.Com, Inc., et al. filed. |
| 03/03/2014 | Brief amicus curiae of Sigram Schindler Beteiligungsgesellschaft mbH in support of neither party filed. |
| 03/03/2014 | Brief amicus curiae of The Intellectual Property Law Association of Chicago in support of neither party filed. |
| 03/03/2014 | Brief amicus curiae of Yahoo! Inc. filed. |
| 03/03/2014 | Brief amicus curiae of Professor S. Menell in support of neither party filed. |
| 03/03/2014 | Brief amicus curiae of Microsoft Corporation filed. |
| 03/03/2014 | Brief amicus curiae of American Bar Association in support of neither party filed. |
| 03/03/2014 | Brief amici curiae of Nova Chemicals Inc., et al. filed. |
| 03/03/2014 | Brief amicus curiae of Intellectual Property Owners Association in support of neither party filed. |
| 03/03/2014 | Brief amici curiae of Electronic Frontier Foundation and Public Knowledge filed. |
| 03/03/2014 | Brief amicus curiae of American Intellectual Property Law Association in support of neither party filed. |
| 03/10/2014 | CIRCULATED. |
| 03/10/2014 | Motion for leave to file amicus brief filed by Ananda M. Chakrabarty Ph.D. |
| 03/24/2014 | Motion for leave to file amicus brief filed by Ananda M. Chakrabarty Ph.D. GRANTED. |
| 03/26/2014 | Brief of respondent Biosig Instruments, Inc. filed. (Distributed) |
| 04/02/2014 | Brief amicus curiae of the United States filed. (Distributed) |
| 04/02/2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument filed. |
| 04/02/2014 | Brief amici curiae of Nokia Corporation and Nokia USA Inc. filed. (Distributed) |
| 04/02/2014 | Brief amicus curiae of Biotechnology Industry Organization filed. (Distributed) |
| 04/02/2014 | Brief amicus curiae of Interval Licensing LLC filed. (Distributed) |
| 04/14/2014 | Reply of petitioner Nautilus, Inc. filed. (Distributed) |
| 04/18/2014 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae and for divided argument GRANTED. |
| 04/28/2014 | 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.) |
| 06/02/2014 | Judgment VACATED and case REMANDED. Ginsburg, J., delivered the opinion for a unanimous Court. |
| 07/07/2014 | Judgment issued. |
| 07/09/2014 | Record Returned for U.S.D.C. Southern District of New York. |