Partner Courtenay Brinckerhoff was quoted in the Law360 article, “These 10 Decisions Remade the Patent Landscape,” where she discussed the implications of Nautilus v. Biosig Instruments.
In this 2014 ruling, the U.S. Supreme Court discarded a Federal Circuit test that made it difficult to invalidate patents as indefinite, bolstering the defense for accused infringers. “When I first started practicing, you wouldn’t even consider that you could invalidate a patent claim based on indefiniteness. Now it’s definitely something that you would look at in every case,” said Brinckerhoff, who described Nautilus as one of a series of rulings that set a “trend of really deeply scrutinizing the validity of patents.
