Horizon Pharma, Inc. v. Dr. Reddy’s Laboratories Inc. (Fed. Cir. 2021)

By Kevin E. Noonan — Indefiniteness under U.S. patent law is a failure to satisfy the statutory requirements of 35 U.S.C. § 112(b), which reads: “The specification shall conclude with one or more claims particularly pointing out and distinctly claiming the subject matter which the inventor or a joint inventor regards as the invention” (emphasis added). The meaning of the statute was most recently explicated by the Supreme Court in Nautilus, Inc. v. Biosig Instruments, Inc., 572 U.S. 898, 910 (2014), which established the standard that the inherent imprecision of language cannot create “ambiguity . . . so great that…