Scott Graham focuses on intellectual property and the U.S. Court of Appeals for the Federal Circuit. He writes ALM's Skilled in the Art IP briefing. Contact him at [email protected].
December 30, 2022 | National Law Journal
Supreme Court Will Again Be Focus of IP World in 2023Despite having lost two of its strongest voices on IP in the last two years, the high court is wading into some 'meat and potatoes' IP issues such as pharma patents and copyright fair use.
By Scott Graham
10 minute read
December 29, 2022 | The Recorder
A Law 'Supernova' Has Landed—But He Won't Be Part of the Durie Tangri Merger as ExpectedThe Stanford law professor says Durie Tangri's merger partner, Morrison & Foerster, is a great law firm. But it would bring too many conflicts of interest for an academic who does much of his work in the public square.
By Scott Graham
3 minute read
December 28, 2022 | Delaware Business Court Insider
VLSI Drops Claim Amid Transparency DemandsThe Fortress Investment-backed company spent 3 1/2 years litigating patent infringement claims against Intel in Delaware, but elected to walk away as Chief Judge Colm Connolly insisted on more disclosure into its ownership structure.
By Scott Graham
3 minute read
December 22, 2022 | National Law Journal
Big Verdicts and New Sheriffs: The Year That Was in IP LitigationJudge Alan Albright's patent docket was slowed but not stopped. Judge Colm Connolly is pulling the lid off of nonpracticing entities. And PTO Director Kathi Vidal "has been everywhere."
By Scott Graham
8 minute read
December 19, 2022 | National Law Journal
Avery Wins, But Still Faces Stiff Sanctions Over Discovery ViolationsAvery Dennison will get to challenge the validity of an RFID patent before a jury. But even if it wins, it's still facing possibly millions in sanctions for 'continuous disregard' of its discovery obligations.
By Scott Graham
4 minute read
December 16, 2022 | Law.com
Skilled in the Art With Scott Graham: Are All of Waco's Patent Cases Headed Back to Judge Albright? + Bad Spaniels Does an Old No. 2 on MSCHF AppealWestern District Chief Judge Orlando Garcia cooled off the patent party in Waco last July, but may have restarted it just before his term ended last month.
By Scott Graham
7 minute read
December 09, 2022 | Law.com
Skilled in the Art With Scott Graham: Will This Rigid Rule of Design Patents Survive an Attack by Mark Lemley? + Judge Connolly Is Free to Keep Inquiring Into Patent OwnershipThree Federal Circuit judges pushed back substantively and procedurally on the notion of overruling the 40-year-old Rosen test for design patent obviousness. But one acknowledged that it "seems inconsistent" with the Supreme Court's KSR decision.
By Scott Graham
8 minute read
December 08, 2022 | The Recorder
'Wrong From the Get-Go': Judges Scrutinize Attorney Fee-Shifting in Federal CaseJudge William Alsup awarded $5.9 million in fees against Finjan last year while criticizing the conduct of its trial counsel. But on Wednesday, Federal Circuit judges suggested Alsup might not have been specific enough in his order to justify the entire fee award.
By Scott Graham
4 minute read
December 05, 2022 | National Law Journal
Moderna Tied Its Own Hands in COVID Patent Suit, Pfizer and BioNTech ClaimThe pharmaceutical companies fired back hard at Moderna's suit Monday with the help of Williams & Connolly; Paul Hastings; McCarter & English and Saul Ewing. They argue that Moderna relinquished its rights by publicly pledging not to enforce its patents during the pandemic.
By Scott Graham
2 minute read
December 05, 2022 | National Law Journal
Supreme Court Won't Revive $2.75B Judgment Over Judge's Stock OwnershipThe justices let stand a Federal Circuit ruling ordering a retrial before a new judge, notwithstanding Centripetal Networks' and Paul Clement's pleas that the amount involved was trivial and that the judge did the right thing by divesting to a blind trust.
By Scott Graham
3 minute read