“Whether the ‘basic and novel properties’ identified in connection with the transitional phrase ‘consisting essentially of’ must independently satisfy the requirements of 35 U.S.C. § 112, ¶ 2 and the accompanying ‘reasonable certainty’ standard . . ., even though (1) the plain language of 35 U.S.C. § 112, ¶ 2 restricts application of the definiteness standard to claim limitations, (2) the ‘basic and novel properties’ of the invention are not claim limitations, i.e., a product need not satisfy the ‘basic and novel properties’ of the invention to infringe, and (3) no court pre-Nautilus or post-Nautilus, prior to the District Court’s ruling, has ever applied the definiteness standard of 35 U.S.C. § 112, ¶ 2 to the ‘basic and novel properties.’”
