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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].
March 28, 2022 | National Law Journal
Latham & Watkins and Williams & Connolly will square off over the transformative nature of Warhol's creations, and whether its sufficient to be a fair use of Lynn Goldsmith's photograph.
By Scott Graham
5 minute read
March 1, 2022 | National Law Journal
Kasowitz Benson Torres partner Darcy Jones and special counsel ThucMinh Nguyen had wanted to watch partner Jonathon Waldrop deliver in-person argument last November in "MV3 Partners v. Roku." The court had already decreed that that was two lawyers too many under the court's COVID protocols. The Federal Circuit criticized all three last week, though not by name and without sanctioning them.
By Scott Graham
5 minute read
February 15, 2022 | Daily Report Online
It might be infringing or diluting, but the search giant isn't literally stealing intellectual property when it auctions off trademarked names for keyword advertising, the justices rule.
By Scott Graham
3 minute read
December 10, 2021 | Law.com
It took two lawsuits and a trip to the Ninth Circuit, but generic pharma remains free to accept reverse payments to settle patent litigation.
By Scott Graham
8 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
July 13, 2021 | National Law Journal
Judge Kathleen O'Malley gave an earful to Uniloc USA about the company's litigation tactics. But she told Arent Fox partner Janine Carlan, representing software company Acronis, that the court's hands may be tied when it comes to ordering Uniloc to pay Acronis' attorneys fees.
By Scott Graham
6 minute read
April 6, 2021 | Law.com
The Federal Circuit is hoping to return to in-person oral arguments this fall. You get to pass one (and only one) sticky note during a Federal Circuit argument. Don't worry about whatever message you might be sending by letting a junior attorney argue a portion of a hearing. And for goodness sake, don't refer to your opponents as "the bad guys."
By Scott Graham
1 minute read
March 11, 2021 | Texas Lawyer
Lex Machina's annual Patent Litigation Report confirms that Judge Alan Albright now has the nation's busiest patent docket, while some Texas firms have added dozens or even hundreds of cases in the last year.
By Scott Graham
1 minute read
February 19, 2021 | Texas Lawyer
Apple is arguing to Judge Robert Schroeder and Intel to Judge Alan Albright that the imminent widespread availability of vaccines favors delay till spring or summer of high-stakes showdowns.
By Scott Graham
1 minute read
January 26, 2021 | The Recorder
An infringement case over the once popular but now discontinued Steam video game controller pits Manatt, Phelps & Phillips against Shook, Hardy & Bacon in an all-remote format.
By Scott Graham
1 minute read
The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.
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The Legal Intelligencer honors lawyers leaving a mark on the legal community in Pennsylvania and Delaware.
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MELICK & PORTER, LLP PROMOTES CONNECTICUT PARTNERS HOLLY ROGERS, STEVEN BANKS, and ALEXANDER AHRENS