Automated Teller Machines: Commission Affirms Summary Determination Of Invalidity Based On Indefiniteness

On May 16, 2016, in an investigation involving automated teller machines (Inv. No. 958), the Commission affirmed the ALJ's summary determination of invalidity based on the finding that the claim term "processor" was indefinite under 35 U.S.C. § 112.  Similarly, on May 12, 2016, the Commission affirmed summary determination of invalidity based on indefiniteness in Inv. No. 943 involving wireless headsets.

Summary determinations of invalidity based on indefiniteness are not common at the ITC. In the last four years, respondents have brought eleven motions for summary determination of invalidity based on indefiniteness, with only four ultimately granted (including the ones in the 958 and 943 investigations).  Summary determinations of indefiniteness have not increased in frequency following the Supreme Court's decision in Nautilus, Inc. v. Biosig Instruments, Inc., 134 S. Ct. 2120 (2014), which tightened the definiteness standard under § 112, ¶ 2, potentially making it