Nautilus or Packard: A Recent PGR Petition Highlights Perils of USPTO Flip-Flops

This question may seem quite in the weeds...but it does highlight the fact that post grant challenges at the PTAB are a mongrel mixture of a little bit prosecution, a little bit litigation, and a whole lot of uncertainty.

Nautilus or Packard-that is the question presented by the Inari PGR challenge of a utility plant patent owned by Pioneer Hi-Bred International-U.S. Patent No. 11,707,033. And while the standards for indefiniteness are similar, they are not the same.

claims are required to be cast in clear-as opposed to ambiguous, vague, indefinite-terms.

We conclude that the Federal Circuit's formulation, which tolerates some ambiguous claims but not others, does not satisfy the statute's definiteness requirement. In place of the 'insolu

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