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Skilled in the Art With Scott Graham: I'm So Glad We Had This Time Together

My nine years on the IP bus got off to a bumpy start, but encouragement from all of you has made it an exhilarating journey.
4 minute read

Law.com

Design Patent Appeal Splinters Federal Circuit Panel + Susman Scores $163M Jury Verdict + Finnegan Protects Under Armour's House

Mark Lemley's argument about design patent obviousness and the Supreme Court's KSR decision fell short of a win, but has served to raise the profile of the issue.
6 minute read

Law.com

Skilled in the Art With Scott Graham: The Federal Circuit's Hot Bench Isn't Cooling Down Any Time Soon + Orrick Joins Effort to Get AIs Recognized as Inventors

Judges Tiffany Cunningham and Leonard Stark started out their careers being deferential to their colleagues during oral arguments, as is often expected of junior judges. More recently they've been speaking up.
9 minute read

Law.com

Skilled in the Art With Scott Graham: A Former PTO Director Is Set to Argue to the Federal Circuit + The Latest Test of AI Patent Eligibility

Andrei Iancu is scheduled to step to the lectern Wednesday in a patent infringement action against Red Hat, Dell, Hewlett-Packard Enterprise and others. He'll be facing Kirkland & Ellis' John O'Quinn.
7 minute read

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 Appeal

Western 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.
7 minute read

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 Ownership

Three 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.
8 minute read

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.
12 minute read

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 Shop

Shaw 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."
6 minute read

Law.com

Skilled in the Art With Scott Graham: The Supreme Court Will Have Its Say on Enablement + CAFC Doesn't Like Taste of Brewery Mark + Farewell to a Kind Friend

It's Term Jeff Lamken at the Supreme Court as the MoloLamken partner persuades the court to grant cert in cases of patent enablement and trademark extraterritoriality.
8 minute read

Law.com

Skilled in the Art With Scott Graham: How a Third-Year Associate Pulled Off a Winning Summary Judgment Argument for Meta Platforms + Who's Arguing for Moderna and Arbutus? + Qualcomm Fires Back—Loudly—at Arm Ltd

Latham & Watkins associate Tiffany Weston had just 24 hours to hop on a plane, fly coast to coast, and make her first argument in a federal courtroom. A week later Meta Platforms was out of the case.
8 minute read

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