Parsing IP Indefiniteness Claims In ITC Investigations

With increasing frequency in Section 337 investigations, administrative law judges and the U.S. International Trade Commission itself are relying on indefiniteness as a ground for patent invalidity under Title 35 of U.S. Code Section 112. But indefiniteness often turns on minute questions of wording and disclosures in the patent's specification, and so defining the exact circumstances where indefiniteness arises is not a simple task.

In the article recently published by Law360, Wilmington partner Jeff Eichen discussed the three typical fact patterns in recent Section 337 opinions where claims of indefiniteness were decid