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 05, 2022 | Delaware Business Court Insider
Litigant Challenges Judge Connolly: Your Standing Orders on Disclosure Are Illegal, MisguidedIrell & Manella partner Morgan Chu and others argue that Colm Connolly's standing order on disclosure, which has led to a huge fuss in the patent bar, should have been subject to more rigorous vetting as a local rule of the entire Delaware court.
By Scott Graham
4 minute read
December 02, 2022 | Law.com
Skilled in the Art With Scott Graham: Six Takeaways From Judge Connolly's Amicus-Like Filing on Patent Ownership Transparency + Who's Arguing a $5.9 Million Fee Award?The judge fired a massive salvo in his campaign to pull back the curtain on litigation funding generally and on patent monetization company IP Edge in particular.
By Scott Graham
12 minute read
December 01, 2022 | National Law Journal
Tech Companies, US Chamber Defend Delaware Effort to Lift Veil on Litigation FundingDelaware U.S. District Chief Judge Colm Connolly is getting plenty of support in his aggressive bid to enforce compliance with ownership and funding disclosure orders. Connolly is speaking up for himself too.
By Scott Graham
4 minute read
November 29, 2022 | Delaware Business Court Insider
Fish & Richardson Attorneys: Judge Connolly Has Broad Powers to Probe Patent Ownership 'Fraud'A team led by principal Neil McNabnay is urging the Federal Circuit to stay out of the Delaware chief judge's unprecedented investigation into the ownership structure of LLCs affiliated with Mavexar LCC and IP Edge.
By Scott Graham
4 minute read
November 29, 2022 | National Law Journal
Whiskey Maker Sees a Geyser of Infringement From Yellowstone-Branded SpiritBacked by Faegre Drinker, Luxco is seeking to stop a company that operates lodging and restaurants at national parks from selling Yellowstone National Park whiskey.
By Scott Graham
2 minute read
November 23, 2022 | National Law Journal
Can the USPTO Director Award Attorneys Fees? OpenSky and VLSI Are About to Find OutPTO Director Kathi Vidal has said she intends to sanction OpenSky Industries "to the fullest extent of the director's power" for double-dealing behavior in an America Invents Act proceeding. OpenSky is arguing that the AIA does not authorize an award of attorneys fees.
By Scott Graham
3 minute read
November 22, 2022 | National Law Journal
Jack ... Spaniels? Liquor-Dog Toy Dispute Brings Major Test Before Supreme CourtDebevoise & Plimpton partner David Bernstein says the time is right for the Supreme Court to assess the Second Circuit's Rogers v. Grimaldi test, and decide if it strikes the right balance.
By Scott Graham
5 minute read
November 21, 2022 | Delaware Business Court Insider
This Judge Is Scrutinizing Litigation Funding. Some Say He's Overstepping His AuthorityThe appellate court temporarily stayed Connolly's order requiring information about retention letters and settlement agreements. The documents could show whether Mavexar LLC is acting only as a consultant or as an undisclosed third-party funder in a string of patent infringement suits.
By Scott Graham
4 minute read
November 10, 2022 | Law.com
Skilled in the Art With Scott Graham: Connolly Pokes and Prods at PAEs at First Hearing Into Ownership Structures + Supreme Court Bull Is Heading for Pharma Patent China ShopShaw Keller partner Andrew Russell described the hearing into Lamplight Licensing, Nimitz Technologies and Mellaconic IP as "one of the most remarkable hearings I've seen in a patent case."
By Scott Graham
6 minute read
November 08, 2022 | National Law Journal
Mission Impossible? All-Star Lawyers Couldn't Convince Supreme Court in High-Stakes CaseBristol-Myers Squibb had won a $1.2 billion judgment for infringement of its patent on a cancer treatment. But the justices left in place a Federal Circuit decision that invalidated the patent for failing to meet the Patent Act's written description requirement.
By Scott Graham
3 minute read