Delaware Judges Are Finding Patent Claims Indefinite Post-Nautilus

It has been a little more than a year since the Supreme Court rendered its decision in Nautilus, lowering the standard for finding patent claim terms indefinite. Many commentators at that time predicted the decision would have broad implications for all patent cases where definiteness is at issue. Two recent cases from the District of Delaware demonstrate the accuracy of those predictions as judges in Delaware have seized upon the holding in Nautilus to find patent claim terms indefinite. Practitioners asserting or defending against patent claims would do well to acquaint themselves with the strategies and pitfalls raised by the recent decisions to ensure they provide the best advocacy.