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

August 2017 Archives

When it comes to patent appeals between computer component manufacturers, courts can often wow those who are tech savvy with the court's own tech know-how. The recently decided case of Visual Memory v. Nvidia for patent infringement due to a three-tiered memory hierarchy patent held by Visual Memory is a perfect example of just how technical a court can get, especially on appeal.

The primary issue in this patent battle appeal involved whether the Visual Memory patent for an improved computer memory system was valid or too abstract to be enforceable.

Although some litigation attorneys might claim that patent law may as well be Greek to them, when it comes to the rules governing discovery disputes in patent cases over Biosimilars, the attorneys for Amgen are learning a hard lesson: the Federal Rules of Civil Procedure apply as they would for any other case.

The case, Amgen v. Hospira, centers around Hospira attempting to patent a biosimilar to Amgen's EPOGEN, a drug that is used to increase the production of red blood cells in order to treat various medical conditions. Amgen filed an infringement action after Hospira allegedly failed to comply with the requirements under the Biologics Price Competition and Innovation Act, which allows biosimilars to be approved, but only if they've complied with several regulations designed to safeguard the public, and the original inventor of the product that the biosimilar is based upon.

William Adams, also known as will.i.am and the frontman for the hip-hop group The Black Eyed Peas, has lost his appeal challenging the denial of the "I AM" trademark registration. Adams' company, i.am.symbollic, llc already holds the I AM mark for some goods and services, and was seeking to expand intro product categories where the mark has already been used.

Sadly for the artist and entrepreneur, his attorneys were not able to convince the appellate court that the trademark examiners made a mistake. Even their bold argument that the extent of will.i.am's fame and his I AM mark's notoriety created a "reverse confusion" situation could not win the day over previously registered I AM trademarks in the categories in which i.am.symbollic sought protection.

The Podcasting Patent Is 'Totally Dead'

A federal appeals court knocked out a patent troll's claims against podcasters.

In Personal Audio v. Electronic Frontier Foundation, the U.S. Federal Circuit Court of Appeals affirmed a decision that invalidated Personal Audio's "podcasting patent." The company had threatened numerous podcasters in recent years, and forced some into settlements.

The court ruling ended the patent troll's seven-year reign over podcasters, with industry observers claiming "the podcasting patent is totally dead."