June 3, 2014 —Yesterday, the U.S. Supreme Court issued its
ruling in Nautilus, Inc. v. Biosig Instruments, Inc.
involving the definiteness requirement of 35 U.S.C. § 112 (b).
The patent at issue relates to a heart rate monitor capable of
measuring the heartbeat of an individual while exercising without
attaching electrodes. The device compares electrical waves from an
electrode gripped by the left hand to those from an electrode
gripped by the right hand in order to calculate the
individual's heart rate.
At issue was a claim feature that common electrodes are placed
in a "spaced relationship" to live electrodes, which
record the signals. The district court construed the term to mean
there is a "defined relationship" between the live and
common electrodes on each side of the cylindrical bar. However, the
district court granted a motion for summary judgment on
indefiniteness because the term "spaced relationship" did
not inform "what precisely the space should be"
