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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].
June 22, 2021 | National Law Journal
Once one of just two women on the court, Prost has been gradually handing over the reins to incoming Chief Judge Kimberly Moore as the court nears gender parity.
By Scott Graham
4 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
June 17, 2021 | National Law Journal
The PTO kept sending mail to an incorrectly provided street address, even though it had an email, a telephone number and a unique customer identifier it could have cross-checked. Judge Leonie Brinkema ruled that it was likely arbitrary and capricious for the PTO to withdraw a patent application under those circumstances.
By Scott Graham
5 minute read
June 17, 2021 | National Law Journal
There was little drama during the brief discussion of the woman tabbed to be the first Black judge on the nation's patent appellate court. All committee Democrats and five Republicans voted to move her nomination to the floor.
By Scott Graham
2 minute read
May 26, 2021 | National Law Journal
The nominee told the Senate Judiciary Committee she made a mental note about diversity while clerking at the court 20 years ago.
By Scott Graham
5 minute read
May 18, 2021 | National Law Journal
William "Tim" Fink says his experience at the PTO, including a stint as a policy adviser to the director, has prepared him to help clients "navigate two or three tribunals at the same time, in ways that make the most sense."
By Scott Graham
1 minute read
May 14, 2021 | New York Law Journal
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. Photographer Lynn Goldsmith responded Thursday that "Google" is a fact-bound decision about functional computer code that made no changes to Supreme Court precedent.
By Scott Graham
1 minute read
May 6, 2021 | National Law Journal
Prost became chief judge at a tumultuous time seven years ago. Under her watch the court's dissent rate has been down, the number of en banc opinions fewer, and the Supreme Court's review more sparing.
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
April 28, 2021 | National Law Journal
Though she considers herself "far from a pharmaceutical industry apologist," Kumar sees a few reasons to be skeptical of the broad waiver that India, South Africa and other countries are seeking from the WTO's TRIPS agreement.
By Scott Graham
1 minute read
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