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ARTICLE · 23 AUGUST 2017

Visual Memory v. NVIDIA: The Importance Of A Robust Written Description

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In Visual Memory v. NVIDIA (Fed. Cir. 2017), the Federal Circuit reversed the district court's holding that Visual Memory's U.S. Patent No. 5,953,740 is drawn to patent-ineligible subject matter.

United StatesIntellectual Property
Michael Stein
Michael Stein
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INTRODUCTION

In Visual Memory v. NVIDIA (Fed. Cir. 2017), the Federal Circuit reversed the district court's holding that Visual Memory's U.S. Patent No. 5,953,740 is drawn to patent-ineligible subject matter. Instead, the court ruled that the '740 patent claims an improvement to computer memory systems and is not directed to an abstract idea.

THE '740 PATENT

At a high level, the '740 patent describes a computer memory system that can be connected to different kinds of processors. The memory system has "programmable operational characteristics" based on characteristics of the processor; it includes several caches and a main memory (DRAM) connected to a bus. One cache can be programmed to store only code data, and another cache can be programmed to buffer data writes to the main memory only from the processor. The main memory can be programmed to selectively reopen either code or non-code data pages. (See '740 patent abstract.) Figure 1 of the patent is

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