Tune in to the IP Chat Channel™ tomorrow, 6 December at 2:00p.m. ET, to earn CLE and hear a sophisticated discussion of Functional Claiming After Mastermine v. Microsoft, a recent Federal Circuit decision that reversed a lower court’s finding of indefiniteness after finding the claims were not improperly simultaneously directed to both an apparatus and a method of using the apparatus. This decision could provide helpful guidance to patent prosecutors, but the situation is tangled because some experts worry that the Federal Circuit is disregarding the Supreme Court’s finding in Nautilus (2014) that a patent is indefinite if it doesn’t describe the invention with “reasonable certainty.”
Panelists CHARLES BIENEMAN (Bejin Bieneman), PROF. DENNIS CROUCH (University of Missouri Law), and SCOTT MCKEOWN (Ropes & Gray) will also discuss this month’s decision BASF v. Johnson Matthey, involving catalytic converter technology, where the Federal Circuit reversed an indefiniteness finding. Our panel will discuss this tangled knot, and in untangling it, give their best advice for how patent prosecutors should proceed.
Hosted and produced by journalist Pamela Sherrid