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.