When the U.S. Supreme Court threw out a ruling in favor of BioSig Instruments Inc. and set a new standard for finding patents indefinite, the justices left the company’s lawyers, led by Proskauer Rose’s Mark Harris, in a tough spot. They would have to convince an appeals court that even under the new, more forgiving standard for defendants, BioSig’s heart rate monitoring patent was valid.
Harris, an IP neophyte but an appellate veteran, did just that. On Monday, the U.S. Court of Appeals for the Federal Circuit refused to side with fitness equipment maker Nautilus Inc., which has spent more than a decade challenging BioSig’s patent on technology for measuring heart rates through a device mounted on exercise equipment.
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