2017 September : CAFC Alert

CAFC finds broadly claimed computer memory system eligible under first step of Alice.

| September 21, 2017

Visual Memory LLC v Nvidia Corporation

August 15, 2017

Before O’Malley, Hughes and Stoll. Precedential Opinion by Stoll, joined by O’Malley; Dissent by Hughes.

Summary:

Visual Memory sued Nvidia for infringement of USP 5,953,740 (the ‘740 patent).  The district court granted Nvidia’s motion to dismiss for failure to state a claim (rule 12(b)(6)) based on patent ineligible subject matter. The CAFC reversed and remanded finding that the computer memory systems claims of the ‘740 satisfied the first step of Alice.


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CAFC agrees with the Board that will.i.am restriction in the identification of goods is meaningless

| September 19, 2017

In re I.AM.SYMBOLIC, LLC

August 8, 2017

Before: Prost, Lourie, and Schall. Opinion by Lourie.

Summary:

The Board held, and the CAFC agreed that the will.i.am restriction in the identification of goods, which stated “all associated with William Adams, professionally known as “will.i.am” did not impact on the meaning or the overall commercial impression of the mark.  Further, the will.i.am restriction provided no limitation on the nature of the goods, trade channels, or potential purchasers.  Where the marks are identical, and substantial evidence supports the goods are identical or closely related, the trade channels are identical, and classes of purchasers overlap, the CAFC upheld the Board’s decision affirming the examining attorney’s refusal to register the marks of the Appellant.


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