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January 20, 2023 | 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
January 13, 2023 | 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
October 14, 2022 | Law.com

Skilled in the Art With Scott Graham: Bare-Knuckle Blatt Versus Factor 4 Martinez—Five Takeaways From the Andy Warhol Foundation Arguments + Judge Leonard Stark Officially Receives His Robe

Both sides gave up some ground during arguments in the potentially momentous copyright case. But will a middle-ground ruling unleash a new round of litigation?
8 minute read
October 11, 2022 | National Law Journal

After Collaborating on Pharma Case, Finnegan Partner Joins Latham's IP Group

Cecilia Sanabria litigates cases in district court and the International Trade Commission, and had been Finnegan's partner in charge of diversity.
2 minute read
September 23, 2022 | Law.com

Skilled in the Art With Scott Graham: An Austin Jury Sends a $175M Message to Meta Platforms + Solicitor General Says CAFC Is Getting It Right on Genus Claims

Getting out of Waco didn't solve Meta's problems, as Quinn Emanuel partners Robert Stone and Michael Powell led the way for live messaging app Voxer.
9 minute read
September 13, 2022 | National Law Journal

Unscathed: Ruling Unveils Major Snarl That Electric Vehicle Automakers Have Avoided

Finding no patent infringement, an International Trade Commission judge has recommended against excluding computer chips used in cars made by BMW, Mercedes, GM and Volkswagen.
3 minute read
July 18, 2022 | National Law Journal

Finnegan's Lawyer-Retention Formula: Erika Arner Talks Patent Law and Priorities

The firm's new managing partner wants to think bigger than trying to recreate 2019, and says maybe it's time for patent law to move on from Section 101.
9 minute read
July 15, 2022 | Law.com

Skilled in the Art With Scott Graham: The Discovery Rule Is Alive and Well, So Long as You Don't Take the Supreme Court Too Literally + A Former Federal Circuit Clerk Is Nominated to the District Court Bench

Ninth Circuit Judge Kim Wardlaw wrote in Starz v. MGM that if the statute of limitations doesn't accrue until copyright infringement is discovered, then the three-year damages period shouldn't start till then either. That sets up a split with the Second Circuit.
11 minute read
July 01, 2022 | Law.com

Skilled in the Art With Scott Graham: Time to Change Tactics on 101, or Just Wait for a Better Term? + PTO Launches AI Partnership + Judge Freeman Calls Out Firm's 'Possum Act'

The Supreme Court might be done with patent eligibility for the foreseeable future. Practitioners say that, if there is still a path to review, it's going to require early and careful preparation.
12 minute read
May 20, 2022 | Law.com

Skilled in the Art With Scott Graham: Say Farewell to the 50-50 Federal Circuit + Mintz Turns the PTAB Into a Life Squad + All Our Rexes Sue in Texas

Legal analytics provider Lex Machina says that, statistically, district court judgments are much more likely to be affirmed at the Federal Circuit than in years past. Plus, more than half of the patent cases filed in district courts last year were concentrated in just three judicial districts.
10 minute read

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