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ARTICLE · 31 OCTOBER 2022

Establishing Indefiniteness Requires More Than Identifying "Unanswered Questions" Part II

Earlier this year, the US Court of Appeals for the Federal Circuit reversed a district court decision for relying on an incorrect standard for indefiniteness.

United KingdomIntellectual Property

Earlier this year, the US Court of Appeals for the Federal Circuit reversed a district court decision for relying on an incorrect standard for indefiniteness. (Nature Simulation Systems Inc. v. Autodesk, Inc). Now, in response to a motion for panel rehearing, the Federal Circuit modified its decision on rehearing deleting language. Nature Simulation Systems Inc. v. Autodesk, Inc., Case No. 20-2257 (Fed. Cir. Oct. 17, 2022) (Lourie, Dyk, Newman JJ.) (Dyk, J., dissenting)

Nature Simulations Systems asserted two patents against Autodesk (one a continuation-in-part of the other), both entitled "Method for Immediate Boolean Operations Using Geometric Facets." According to the patents, the claimed methods are improvements upon a "Watson" method known in the prior art. The district court concluded that two terms-"searching neighboring triangles of the last triangle pair that holds the last intersection point" and "modified Watson method"-were invalid as indefinite based

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