Federal Circuit Reinforces Indefiniteness Standard for Terms of Degree

In Akamai Technologies, Inc. v. MediaPointe, Inc., the Federal Circuit reaffirmed that claim language employing terms of degree such as “optimal” and “best” must be supported by objective and exclusive boundaries in the specification to satisfy the definiteness standard under Nautilus, Inc. v. Biosig Instruments, Inc. The decision provides critical drafting guidance for patent prosecutors and in-house counsel, particularly in technology and AI-related patents where qualitative or…
By: Morgan Lewis