Weak Patents to be Invalidated

The US Supreme Court has provided powerful ammunition to companies seeking to invalidate patents, this week.

The justices have cast aside a Federal Circuit standard, saying some patents are overly vague and too ambiguous.

Industry analysts say this is an opportunity for those wishing to prove that weak patents should be invalidated.

According to Law360, the Federal Circuit has long held that patents can only be found indefinite if they are “insolubly ambiguous,” but the high court concluded that accused infringers must only prove that the patent fails to inform a person skilled in the art about the scope of the invention “with reasonable certainty.”

Source: www.law360.com/articles/538916