Jen Wang

Jennifer Wang assists the Mechanical Technologies group with patent preparation and prosecution, opinion work, diligence, and patent litigation. She is experienced in U.S. and foreign patent prosecution, utility and design patent prosecution, freedom to-operate, landscape and patentability studies, IP due diligence and inter partes review (IPR). Jen has worked with clients ranging from start-ups to Fortune 500 companies, and develops comprehensive patent portfolio strategies that fit the business goals of her clients.
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Recent Posts

Definitely Not Indefinite: How the Specification Can Save a Claim from Indefiniteness

Posted by Jen Wang on Feb 9, 2017

Jen Wang

In Sonix Technology v. Publications International, the Federal Circuit applied the Supreme Court’s indefiniteness standard from Nautilus and held seemingly imprecise claim language to be definite.

What This Means to You

  • During application drafting and prosecution, identify potentially vague claim terms and consider using a different term or including examples in the specification.
  • In litigation, experts opining on indefiniteness need to provide support to show that a term is subjective. A simple conclusory statement is insufficient.
  • While this case dealt with the type of indefiniteness in which a claim term seems imprecise on its face, it is also important to watch out for claims that seem precise, but involve different methods of measurement. Such claims could also be vulnerable to an indefiniteness attack.
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Supreme Court Takes Up First Design Patent Case in 100 Years

Posted by Jen Wang on Mar 25, 2016

Jen Wang

The U.S. Supreme Court has not reviewed a design patent case in over 100 years—until now.

On March 21, 2016, the Supreme Court agreed to review the highly publicized Apple v. Samsung case, in which Apple was awarded Samsung’s entire profits from smartphones that infringed Apple’s design patents covering the look of the iPhone.

The issue before the court is: Where a design patent covers only a component of a product, should damages be limited to the infringer’s profits attributable to the component, or should damages cover all of the infringer’s profits from the entire product?

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Federal Circuit Finds Claims Not Indefinite in Post-Nautilus Case

Posted by Jen Wang on Mar 23, 2016

Jen Wang

 
Ethicon Endo-Surgery, Inc. v. Covidien, Inc. was decided by the U.S. Court of Appeals for the Federal Circuit (Federal Circuit) after the Nautilus decision, in which the U.S. Supreme Court created a new indefiniteness standard that is seen by many as setting a higher bar for the patentee. Even under this higher standard, however, the Federal Circuit in this case upheld the patent claims at issue, finding the claims not to be indefinite.

What This Means to You

  • To avoid indefiniteness, be careful when reciting parameters in claims—consider specifying a method of determining that parameter in the specification.
  • Special attention should be given when claiming a parameter that can be calculated/determined using more than one method.
  • This case provides an example of claims that have survived an indefiniteness attack post-Nautilus, and may be used to rebut indefiniteness arguments.
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Wolf Greenfield's CAFC Blog

Here, Wolf Greenfield attorneys summarize and identify key takeaways from recent patent law cases decided by the U.S. Court of Appeals for the Federal Circuit. View past case summaries here.

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This blog is intended to promote thought and debate on developing areas of the law. The opinions, commentary and characterizations of cases provided on this blog are not legal advice and do not represent the opinions of Wolf Greenfield or its clients.