Editor's Note :

Editor's Note :

In previous years, the Court released orders the morning after the Court’s “Long Conference.” It has not done so this year. Beginning last Term, the Court consistently considered petitions at least two times before granting certiorari. To the extent that practice continues -- and there is no affirmative evidence the Court intends to drop it -- we would not expect orders granting certiorari today.

Applera Corp. v. Enzo Biochem, Inc.

Petition for certiorari denied on June 20, 2011
Docket No. Op. Below Argument Opinion Vote Author Term
10-426 Federal Cir. N/A N/A N/A N/A OT 2010

Issue: Whether the Federal Circuit's standard for finding that a patent’s claims are “definite,” which is met as long as the language of a claim is not “insolubly ambiguous” or is capable of being construed, is consistent with the language of 35 U.S.C. § 112, which provides that the patent must include “claims particularly pointing out and distinctly claiming the subject matter which the applicant regards as his invention.”

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