Washington, D.C. | October 29, 2014 – Sunjeev Sikand was featured in the October 27, 2014 edition of Intellectual Property Law360 regarding the potential impact of the Nautilus v. Biosig remanded case on definiteness.
In the article titled Federal Circuit May Fill in Blanks on New Indefiniteness Rule, Mr. Sikand observes that the Federal Circuit weighed the reexamination history heavily when it found Biosig’s patent definite during its first review of the patent. Mr. Sikand notes that it will be interesting to see how much weight the Federal Circuit places on those statements in view of the new definiteness standard articulated by the Supreme Court:
The first time the Federal Circuit reviewed Biosig’s patent and concluded that it was not indefinite, it relied on statements made during re-examination, long after the patent was issued. Sunjeev Sikand of RatnerPrestia PC said he will be watching to see whether such statements still pass muster under the new test.
“What will be most interesting about the remand case is how much weight the Federal Circuit puts on statements in re-examination,” he said.
Mr. Sikand has authored several articles in Law360 and Intellectual Property Today magazine in 2014, and most recently wrote a guest column titled Navigating Terms of Degree Post-Nautilus.