On Monday, the U.S. Supreme Court ruled “that the Federal Circuit's long-standing precedent for proving a patent indefinite allowed for too much ambiguity.” Finnegan partner James R. Barney, discussed the significance of the decision in Nautilus Inc. v. Biosig Instruments Inc. “The impact of this decision is not limited to any particular industry or type of patent,” he said. “All patents in all areas of technology could be susceptible to indefiniteness challenges depending on how the Federal Circuit applies the new Nautilus test. It will be interesting to see how this new test applies to so-called terms of degree, like ‘about’ and ‘approximately.’ These types of terms are very common in patent claim drafting, so it will probably not be long before one of them is challenged under the new Nautilus test.”
Press Release
October 6, 2026
Commentary
Federal Circuit Revives Whistleblower Complaint Over VA's AI Claims-Processing Tool
September 25, 2026
Award/Ranking
Finnegan Named an IP Litigation Powerhouse in BTI Litigation Outlook 2027
September 24, 2026
Award/Ranking
Finnegan Receives Top Tier Rankings in World Trademark Review’s Inaugural Copyright 1000 2026
September 23, 2026
Press Release
Finnegan Secures Precedential Pro Bono Federal Circuit Victory for AI Whistleblower
September 23, 2026
Commentary
New Thomas Pink Womenswear Lines Strain ‘Pink’ Pact with Victoria’s Secret
September 21, 2026
Commentary
Pepsi's U.S. Trademark Dispute Could Reshape Brand Choices, Lawsuit Strategy, Lawyers Say
September 17, 2026
Due to international data regulations, we’ve updated our privacy policy. Click here to read our privacy policy in full.