Nautilus vs. Biosig: A Bright Star to Sail By?
A few weeks ago, the Federal Circuit Court of Appeals released its decision in Biosig v. Nautilus, (Fed. Cir. 2015) on remand from the U.S. Supreme Court, Nautilus v. Biosig, 134 S. Ct. 2120 (2014) which instructed the Federal Ciruit to reconsider whether the claims of the patent in suit were sufficiently clear to meet the requirements of 35 USC 112. The Federal Circuit had already reviewed those claims and found them to valid under that court’s prevailing formulation for clarity: the claims in question were neither “insolubly ambiguous” nor “not amenable to construction.” Biosig Instruments, Inc. v. Nautilus, Inc., 715 F. 3d 891 (Fed. Cir. 2013), but was required to review the claims once again under the new “reasonable certainty” standard.