Mixed bag in Interval Licensing
Nautilus is cited:
With this lone example, a skilled artisan is still left to wonder what other
forms of display are unobtrusive and non-distracting.
What if a displayed image takes up 20% of the screen
space occupied by the primary application with which the user is interacting? Is
the image unobtrusive? The specification offers no
indication, thus leaving the skilled artisan to consult the “unpredictable vagaries of any one person’s
opinion.” See Datamize , 417 F.3d at 1350.
Such ambiguity falls within
“the innovation - discouraging ‘zone of uncertainty’ against
which [the Supreme Court] has warned.” Nautilus , 134 S. Ct. at 2130 (internal citation omitted).