The U.S. Court of Appeals for the Federal Circuit has upheld a Delaware judge’s ruling that a lack of clarity in claims for a patent covering anti-malware software doomed a company’s infringement case against IBM.
A three-judge panel of the appeals court on Tuesday agreed that the claims for Trusted Knight Corp.’s did not meet the “reasonable certainty” standard set out in the 2014 U.S. Supreme Court case Nautilus v. Biosig Instruments. The deficiency, the appeals court said, failed to establish the scope of Trusted Knight’s invention, rendering its patent indefinite, and thus invalid.
