Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
<i>Biosig Instruments, Inc. v. Nautilus, Inc.</i>
In Biosig Instruments, Inc. v. Nautilus, Inc., __ F.3d __, 106 USPQ2d 1554, 2013 WL 1776745 (Fed. Cir. 2013), the Federal Circuit held that the functional claim language of “spaced relationship” was definite in view of the inherent parameters of the claimed apparatus, notwithstanding the lack of any specific quantification of exactly how wide the spacing should be. In addition, the Federal Circuit held that functional language may be used to limit patent claims without resorting to the means-plus-function format and that it was acceptable to define “spaced relationship” in terms of the function the spacing was intended to provide.
Biosig Instruments, Inc. (“Biosig”) is the assignee of U.S. Patent No. 5,337,753 (“the '753 patent”), which relates to grip activated heart rate monitors associated with exercise equipment, which are now ubiquitous on treadmills, step climbers and excercycles. The invention purportedly eliminates noise signals that interfere with the process of detecting a user's heart rate. Prior art monitors allegedly did not eliminate signals given off by skeletal muscles (“electromyogram” or “EMG” signals), which are caused when users move their arms or squeeze the monitor with their fingers. Because EMG signals are of the same frequency range as electrical signals generated by the heart (“electrocardiograph” or “ECG” signals), EMG signals can interfere with ECG signals, making it difficult to determine heart rate during exercise.
The '753 patent discloses a heart rate monitor mounted on exercise equipment. A user's left and right hands each contact both a live electrode and a common electrode on a cylindrical member. The distance between the live electrode and the common electrode is not quantified in terms of a range of distances. Rather, the claims merely require that the two electrodes be in a “spaced relationship”:
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
Yachts, Jets, Horses & Hooch: Specialized Commercial Leasing Models
Defining commercial real estate asset class is essentially a property explaining how it identifies — not necessarily what its original intention was or what others think it ought to be. This article discusses, from a general issue-spot and contextual analysis perspective, how lawyers ought to think about specialized leasing formats and the regulatory backdrops that may inform what the documentation needs to contain for compliance purposes.
Hyperlinked Documents: The Latest e-Discovery Challenge
As courts and discovery experts debate whether hyperlinked content should be treated the same as traditional attachments, legal practitioners are grappling with the technical and legal complexities of collecting, analyzing and reviewing these documents in real-world cases.
Identifying Your Practice's Differentiator
How to Convey Your Merits In a Way That Earns Trust, Clients and Distinctions Just as no two individuals have the exact same face, no two lawyers practice in their respective fields or serve clients in the exact same way. Think of this as a "Unique Value Proposition." Internal consideration about what you uniquely bring to your clients, colleagues, firm and industry can provide untold benefits for your law practice.
Risks and Ad Fraud Protection In Digital Advertising
The ever-evolving digital marketing landscape, coupled with the industry-wide adoption of programmatic advertising, poses a significant threat to the effectiveness and integrity of digital advertising campaigns. This article explores various risks to digital advertising from pixel stuffing and ad stacking to domain spoofing and bots. It will also explore what should be done to ensure ad fraud protection and improve effectiveness.
Turning Business Development Plans Into Reality
This article offers practical insights and best practices to navigate the path from roadmap to rainmaking, ensuring your business development efforts are not just sporadic bursts of activity, but an integrated part of your daily success.