Appeal from the United States District Court for the Southern District of New York in No. 10-CV-7722, Judge Alvin K. Hellerstein.
MARK DAVID HARRIS, Proskauer Rose LLP, New York, NY, argued for plaintiff-appellant. Also represented by PAUL MILCETIC, Villanova, PA; TODD KUPSTAS, Kessler Topaz Meltzer & Check, LLP, Radnor, PA; DANIEL C. MULVENY, Kessler Topaz Meltzer & Check, LLP, Radnor, PA; JOHN E. ROBERTS, Proskauer Rose LLP, Boston, MA.
JOHN D. VANDENBERG, Klarquist Sparkman, LLP, Portland, OR, argued for defendant-appellee. Also represented by JAMES E. GERINGER, PHILIP J. WARRICK, JEFFREY S. LOVE.
Before NEWMAN, SCHALL, and WALLACH, Circuit Judges.
Wallach, Circuit Judge.
This case is before us on remand from the United States Supreme Court. Biosig Instruments, Inc. (" Biosig" ) is the assignee of U.S. Patent No. 5,337,753 (" the '753 patent" ), directed to a heart rate monitor associated with an exercise apparatus and/or exercise procedures. Biosig brought a patent infringement action against Nautilus, Inc. (" Nautilus" ) in district court alleging that Nautilus infringed claims 1 and 11 of the '753 patent. After claim construction, Nautilus filed a motion for summary judgment seeking, in relevant portion, to have the '753 patent held invalid for indefiniteness. The district court granted Nautilus's motion, and Biosig appealed. This court found the claims at issue were not invalid for indefiniteness, and reversed and remanded for further proceedings. Nautilus petitioned for certiorari, and the Supreme Court vacated and remanded this court's decision. On remand, we maintain our reversal of the district court's determination that Biosig's patent claims are indefinite.
The facts of this case were recited in detail in this court's previous opinion and need not be repeated in full here. Nautilus, Inc. v. Biosig Instruments, Inc. ( Nautilus I ), 715 F.3d 891, 898 (Fed. Cir. 2013) In summary, the '753 patent is directed to a heart rate monitor that purports to improve upon the prior art by effectively eliminating " noise" signals during the process of detecting a user's heart rate. '753 patent col. 1 ll. 5-10. The '753 patent discloses an apparatus preferably mounted on exercise equipment that measures heart rates by, inter alia, processing electrocardiograph (" ECG" ) signals from which electromyogram (" EMG" ) signals are substantially removed. Id. col. 1. ll. 36-41. Claim 1 is representative and recites, in relevant part:
1. A heart rate monitor for use by a user in association with exercise apparatus and/or exercise procedures, comprising:
an elongate member;
electronic circuitry including a difference amplifier having a first input terminal of a first polarity and a second input terminal of a second polarity opposite to said first polarity;
said elongate member comprising a first half and a second half;
a first live electrode and a first common electrode mounted on said first half in spaced ...