Federal Circuit - The FindLaw Federal Circuit Court of Appeals Opinion Summaries Blog

May 2015 Archives

A Vaccine Injury Case Succeeds at the Federal Circuit

Vaccines are overwhelmingly safe, but in a few very rare instances, they can have unintended side effects. The National Vaccine Injury Act of 1986 provides a federal cause of action for parents whose children have been injured by vaccines.

The Paluck family sued the Secretary of Health and Human Services for compensation over a claim that an MMR vaccine caused infant K.P. to lapse into a "severe neurological disability." After the case bounced around the court system for a bit, the Court of Federal Claims vacated a special master's determination that K.P.'s deterioration wasn't caused by the vaccination. The Federal Circuit affirmed.

Apple Verdict Against Samsung Mostly Upheld by Fed. Cir.

Back in 2012, a federal jury awarded Apple a staggering one billion dollars after finding that rival smartphone maker Samsung infringed Apple's design and utility patents, as well as Apple's trade dress.

Samsung appealed to the Federal Circuit, which yesterday handed Samsung a mixed bag. Everything but the trade dress claims could stand, the court said, setting the stage for an appeal to the U.S. Supreme Court.

Fed. Cir. Invalidates Live TV Patent for Indefiniteness

In September 1997, the patent office issued Patent No. 5,663,757, which allows software to add interactive elements to a live television broadcast; for example, by allowing "impulse purchase transactions with immediate payment." So, basically, you can buy what you see on TV.

In 1997, there was no such thing as a smartphone. But the current holder of that patent, EON Corp. IP Holdings, claimed that watching live TV on a smartphone is the "modern iteration of that patent." And so, they sued AT&T, Sprint, Qualcomm, and so on.