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.