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October 7, 2015

Claim Strain

5,847,053 and its continuation 6,111,023 claim thin-film polymers with robust strength. The claims specify a "strain hardening coefficient" without bothering to explain in the disclosure how to figure the coefficient. Patent owner Dow Chemical sued Nova Chemicals for infringement and won, at least until Nova appealed over indefiniteness in light of the Supreme Court's Nautilus ruling. Echoing Nautilus, the CAFC (2014-1431) invalidated the patents for failing to "be precise enough to afford clear notice of what is claimed."

Posted by Patent Hawk at October 7, 2015 4:39 AM | ยง 112