• Justices Set to Rule on Test for Patent Indefiniteness
  • May 2, 2014 | Author: Paul M. Rivard
  • Law Firm: Banner & Witcoff, Ltd. - Washington Office
  • On April 28, 2014, the U.S. Supreme Court heard arguments in Nautilus, Inc. v. Biosig Instruments, Inc. involving the statutory requirement in 35 U.S.C. § 112, second paragraph for distinct patent claiming. 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.