ARTICLE
25 April 2022

Relative Terms Survive Indefiniteness Challenge

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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP

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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP is a law firm dedicated to advancing ideas, discoveries, and innovations that drive businesses around the world. From offices in the United States, Europe, and Asia, Finnegan works with leading innovators to protect, advocate, and leverage their most important intellectual property (IP) assets.
In Niazi Licensing Corp. v. St. Jude Med. S.C., Inc., No. 21-1864 (Fed. Cir. Apr. 11, 2022), the Federal Circuit reversed the district court's decision holding that the terms "resilient" and "pliable"
United States Intellectual Property

In Niazi Licensing Corp. v. St. Jude Med. S.C., Inc., No. 21-1864 (Fed. Cir. Apr. 11, 2022), the Federal Circuit reversed the district court's decision holding that the terms "resilient" and "pliable" were indefinite. The Federal Circuit found that these terms were broad, but that a person of ordinary skill in the art would understand their scope with reasonable certainty in light of the intrinsic evidence. For a more detailed analysis of this case, please see Finnegan's Prosecution First blog.

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