In re Packard Inextricably Linked to Patent Examination Practices?
Back in 2014, the Federal Circuit determined the standard for a USPTO indefiniteness analysis in In re Packard (here). This standard was more deferential to the agency as compared to the district court’s “reasonable certainty” standard later enunciated in Nautilus v, Biosig Instruments Inc. When Packard issued, I questioned whether that standard could be argued to apply to post-grant proceedings. This was because the Court’s determination in Packard was deeply rooted in patent examination practices.
Will the CAFC pull the rug out from under the PTAB’s application of Packard in AIA trails?
Continue Reading Is In re Packard the Correct Standard for AIA Trials?