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

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.
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
Read at IPWatchdog.com | Patents & Intellectual Property Law
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