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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].
September 27, 2022 | National Law Journal
The court kicks off Term 2022 with arguments next month in the Andy Warhol fair-use case. Multiple life science companies are also asking the court to take up their patent cases, while a case on trademark extraterritoriality appears destined for certiorari.
By Scott Graham
12 minute read
August 15, 2022 | The Recorder
Mattel v. Rap Snacks is part of a surge in trademark litigation detected last week by Law.com Radar.
By Scott Graham
4 minute read
June 14, 2022 | National Law Journal
The Federal Circuit ruled that a patent on a CAR-T treatment did not meet patent law's written description requirement. Jones Day and Irell & Manella are arguing for Bristol-Myers Squibb that the Federal Circuit has added judicial requirements to the statute that are virtually impossible for life sciences companies to meet.
By Scott Graham
4 minute read
June 6, 2022 | National Law Journal
Three Federal Circuit judges suggest that the language of the Patent Act limits inventors to human beings. Judge Richard Taranto adds that it's "not self-evident" that extending inventorship to machines would be good policy, either.
By Scott Graham
5 minute read
November 3, 2021 | Connecticut Law Tribune
The senators asked Chief Justice John Roberts Jr. to look into court rules that allow patent owners to choose U.S. District Judge Alan Albright of the Western District of Texas to hear their cases. Tillis also wrote to the USPTO, asking it to discount Albright's scheduled trial dates when hearing America Invents Act cases.
By Scott Graham
4 minute read
October 19, 2021 | Texas Lawyer
The judge said that a recent patent infringement trial involving an Israeli company had nothing to do with ethnicity or prejudice, and that he was "extremely offended" at the inference that he let Amazon.com play on cultural stereotypes. Albright's order clears Fenwick & West of "harsh accusations," and the judge hinted that some penalty against Kramer Levin could be forthcoming.
By Scott Graham
5 minute read
September 7, 2021 | National Law Journal
U.S. District Judge Leonie Brinkema's decision means that patent protection is only available for AI-generated inventions outside the United States, says the Artificial Inventor Project's Ryan Abbott.
By Scott Graham
3 minute read
June 21, 2021 | National Law Journal
The administrative judges of the Patent Trial and Appeal Board look like principal officers who should have been appointed by the president and confirmed by the Senate, a majority of the court ruled. But the court is getting around that problem by letting the PTO director conduct final review of each decision, rendering the APJs inferior officers.
By Scott Graham
8 minute read
May 17, 2021 | Connecticut Law Tribune
The Andy Warhol Foundation is demanding a rehearing of a recent fair-use decision, on the ground that the Supreme Court's "Google" decision changed the game.
By Scott Graham
1 minute read
May 3, 2021 | National Law Journal
For the third time in three years, the Supreme Court is asking the solicitor general whether it's time to revisit Section 101 of the Patent Act, this time in an automotive engineering case. Eligibility is one of the most controversial areas of patent law.
By Scott Graham
1 minute read
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