For this reason, silence based on an expressed desire to speak with counsel is, in my view, as "insolubly ambiguous" as the silence in Doyle.
I have agreed with this holding on the ground that such silence is, in fact, insolubly ambiguous.
Laser, A Definite Claim on Claim Indefiniteness: An Empirical Study of Definiteness Cases of the Past Decade with a Focus on the Federal Circuit and the Insolubly
Ambiguous Standard, 10 Chi.-Kent J.
2003) ("[A] claim is indefinite under [section] 112 [paragraph] 2 if it is 'insolubly
ambiguous, and no narrowing construction can properly be adopted.'" (quoting Exxon Research & Eng'g Co.
At same time, the claim construction problems undermined the effectiveness of the Federal Circuit's pre-Nautilus indefiniteness standard--whether a claim is not amenable to construction or insolubly ambiguous--at weeding out uncertain patent claims.
Invalidation for indefiniteness would be appropriate in these circumstances where the claim term "is not amenable to construction" because there is insufficient contextual information or is "insolubly ambiguous" because the contextual information leads to two equally plausible interpretations.
The importance of the Supreme Court's decision lies in its tightening of the holds on what definiteness means within patent law, and how accused infringers can potentially bring cases to court on the grounds of "insolubly ambiguous" tests.
The Court's decision may result in indefiniteness challenges from accused infringers that would not have challenged patents under the 'insolubly ambiguous' test, which had been used by the Federal Circuit as a shorthand for an indefiniteness analysis."
"The Supreme Court's only quibble with the Federal Circuit concerned certain glosses put on the proper standard by phrases like 'insolubly
ambiguous' and 'amenable to construction,'" he said.
Biosig Instruments, the phrases in contention include "spaced relationship" and "insolubly ambiguous."
The Federal Circuit decided that the patent could not be invalidated as indefinite because it did not meet the doctrine of being "insolubly ambiguous." This loaded phrase was one of the bones of contention in the arguments before the Court.