Dow and Teva: Indefiniteness Defense Can Be Powerful Weapon [Law360]

Marilyn Neiman, a member of the Intellectual Property Department at Cozen O'Connor, discusses how the Federal Circuit’s recent decisions in The Dow Chemical Company v. Nova Chemicals Corporation (Canada) (Fed. Cir. Aug. 28, 2015)[2] and Teva Pharms. USA Inc. v. Sandoz Inc., (Fed. Cir. June 18, 2015)[3] make clear that under changes in the law of indefiniteness resulting from Nautilus, 134 S. Ct at 2124, a claim to a measurement is indefinite when there are multiple methods of measurement resulting in different measurements and the patent does not provide guidance as to which method should be used. Marilyn mentions how these decisions demonstrate that a defense of indefiniteness in these circumstances is a powerful weapon for invalidating a patent. 

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