No Substantial Change In Standard For Indefiniteness Under "Reasonable Certainty" Test

Biosig Instruments, Inc. v. Nautilus, Inc.

In an opinion addressing the standard for indefiniteness in view of the Supreme Court of the United States' 2014 "reasonable certainty" test, the U.S. Court of Appeals for the Federal Circuit maintained its reversal of the district court's determination that the asserted claims were indefinite. Biosig Instruments, Inc. v. Nautilus, Inc. , Case No. 12-1289 (Fed. Cir., Apr. 27, 2015) (Wallach, J.)

Biosig sued Nautilus for patent infringement. The asserted patent is directed to a heart rate monitor that processes signals from which electromyogram (EMG) signals are substantially removed. Notably, certain asserted claims recite common and live electrodes being in "spaced relationship" with each other. The district court granted Nautilus's motion for summary judgment, holding the "spaced relationship" term indefinite as a matter of law. Biosig appealed.