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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 sgraham@alm.com.
August 21, 2018
A look at events leading to Irell & Manella's defeat in an appeal over the rights to pre-1972 sound recordings and more big lateral news in the IP space.
August 20, 2018
The former 'NSync singer, Britney Spears and their production companies won all requested attorney fees in a patent fight over panoramic displays.
August 20, 2018
Even if engineers make the sound brighter or cleaner, they do not alter the expressive character and identity of the original recording. The decision wipes away a creative defense mounted by broadcasting companies.
August 17, 2018
The decision delved into whether voluntarily withdrawing a patent infringement case reset the clock for filing inter partes review.
August 15, 2018
David Ruschke will become a senior adviser, giving PTO Director Andrei Iancu the opportunity to name his own chief of the Patent Trial and Appeal Board.
August 14, 2018
David Ruschke, chief judge of the Patent Trial and Appeal Board, has told colleagues that he'll be stepping into a new role. That gives PTO Chief Andrei Iancu an opening to reshape the tribunal.
August 13, 2018
San Jose's Lumileds alleged in a superior court trial that a former scientist had secretly been on the payroll of Zhuhai's Elec-Tech International for six months.
August 13, 2018
U.S. District Judge Stephen Wilson finds that none of the computer code used in eight StubHub apps was a protectable trade secret of Calaborate Inc.
August 10, 2018
After analysis of 7 million lines of computer code, StubHub managed to beat a DTSA claim. Plus, a look at United Cannabis Corp's patent infringement suit against Pure Hemp Collective Inc.
August 07, 2018
Cisco's eleventh-hour peace deal with Arista looks like good news for both companies. Meanwhile, Quinn Emanuel notches a win in a fast-moving 3-D printer patent fight and Durie Tangri partner Mark Lemley is on a roll at the Federal Circuit.
August 06, 2018
According to a joint statement from the parties, Arista will pay Cisco $400 million, maintain the product modifications required by U.S. International Trade Commission rulings, and make "limited changes to further differentiate its user interfaces from Cisco's."
July 27, 2018
The Patent Trial and Appeal Board on Monday invalidated two patents challenged by the 12 Federal Reserve Banks of the United States.
July 25, 2018
Some of the patents it's asserting against Boston Scientific are indefinite, while others aren't infringed by Boston's current spinal cord stimulation system.
July 24, 2018
Kasowitz Benson Torres founder and managing partner Marc Kasowitz are representing the latest plaintiff to go after the ride-sharing company.
July 24, 2018
The firm persuaded Judge Rebecca Pallmeyer to reconsider a claim construction originally adopted by her late predecessor on the case.
July 23, 2018
Judge Kimberly Moore's decision ends—at least for now—Allergan's arrangement to shield its patents using the Saint Regis Mohawk Tribe's immunity.
July 20, 2018
Gene sequencing company Illumina received a $27 million award, but was denied the injunction it sought to block the marketing of a competing prenatal test.
July 18, 2018
The employees brought an all-star roster of the San Francisco white-collar bar with them to Monday's arraignment.
July 17, 2018
The Federal Circuit had already been looking for ways to limit the reach of third parties in IPRs, who critics say sometimes act on behalf of accused infringers who aren't eligible.
July 16, 2018
The appellate court, in a patent case involving Salesforce, says the PTO is not looking closely enough at whether RPX clients are real parties in interest in inter partes reviews. That could prevent the defensive patent aggregator, and maybe other third parties like it, from bringing IPRs.
July 13, 2018
A look at the one hour and 40 minute showdown between appellate heavyweights Bill Lee and Morgan Chu, new law firm moves, hefty billing rates and … LeBron James?
July 11, 2018
Issued patents are only presumed valid, so owners are on notice of potential invalidity proceedings, the government contends before the Court of Federal Claims.
July 10, 2018
Like most SCOTUS nominees, there aren't many crumbs in Brett Kavanaugh's IP trail. Plus, a case testing AIA retroactivity is advancing quickly and King & Spalding scoops up two pharma partners.
The Recorder | |News
July 09, 2018
Dali17 is dedicated to Dali's creations on the West Coast, where he lived during World War II.
July 06, 2018
U.S. District Judge Vince Chhabria is shaking up some of the business-as-usual in patent litigation. Plus, highlights from next week's Federal Circuit calendar in this sneak preview of Skilled in the Art.
July 06, 2018
U.S. District Judge Vince Chhabria is shaking up some of the business-as-usual in patent litigation. Pus, highlights from next week's Federal Circuit calendar.
July 05, 2018
The Supreme Court may have put the kibosh on laches in patent and copyright cases, but Ninth Circuit Judge Jay Bybee says the calculus is different under the Lanham Act.
July 03, 2018
Will a third trial be the charm in this high-stakes semiconductor patent case? And what to make of an offer by Fitbit's lawyers to drop to a sanctions motion against opposing counsel in a patent case exchange for certain action by the firm's client?
July 02, 2018
A Texarkana jury gave Maxell all the damages it asked for, plus a finding of willfulness.
June 29, 2018
In four patent cases where he wrote the majority opinion, Justice Kennedy resisted rigid rules. His 2006 concurrence in eBay v. MercExchange called out non-practicing entities and suggested judges should clamp down on injunctions used to extort settlements.
June 28, 2018
Quarterhill subsidiary Smart Wearable Technologies and Friedman, Suder & Cooke were 'plainly irresponsible and frivolous' in patent case against Fitbit, judge rules.
June 27, 2018
A confidential settlement ends the seven years of litigation that included multiple nine-figure verdicts and a seminal Supreme Court design patents decision.
June 26, 2018
Justice Neil Gorsuch just completed his first full term on the court. Did you notice that he wrote an opinion in each of the three patent cases?
June 25, 2018
The question is whether disclosure of a private distribution agreement in an SEC filing constitutes a "sale" that starts the clock running on a patent application.
June 22, 2018
Sidestepping the presumption against extraterritoriality, Justice Clarence Thomas' 7-2 opinion OKs damages under narrow overseas inducement statute.
June 22, 2018
The Federal Circuit Bar Association hosted its annual Bench-Bar conference, which touched on hot mics, and writing better briefs.
June 19, 2018
The parties, who settled their fight over who owns the copyright for a monkey's selfie, have all said it would be a mistake for the Ninth Circuit to take the case up en banc.
June 18, 2018
The moves boost Goodwin's ITC practice, and come a few weeks after Greenberg hired a new leader to head its ITC group.
June 18, 2018
A team led by partner Jason Sheasby accused the electronics giant of scoffing at a superstar inventor, then profiting from his semiconductor breakthrough.
June 15, 2018
The six people indicted by a federal grand jury Thursday have been involved in proceedings at the International Trade Commission and California state court, but neither ended in a finding of trade secret theft.
June 13, 2018
Chief Judge David Ruschke alleges he was laid off from Medtronic's in-house department for pretextual reasons in 2015.
June 13, 2018
Paul Hastings partner Yar Chaikovsky has taken aim at three patents BlackBerry is asserting against both Facebook and Snap, plus three more BlackBerry is asserting against Snap only.
June 11, 2018
The social media giant lambastes BlackBerry's patents as "ancient concepts" applied on generic computers.
National Law Journal |Conversation
June 11, 2018
The DOJ told the Federal Circuit on Friday that the ITC must butt out of import disputes involving the Food, Drug and Cosmetic Act. An ITC lawyer tried to strike a compromise.
June 08, 2018
The U.S. Supreme Court's SAS ruling ruling didn't address what happens to pending appeals from PTAB judgements that are now not considered complete.
June 07, 2018
The Federal Circuit found that Supreme Court's SAS Institute decision is not an obstacle to it taking up IPRs that the PTAB only partially ruled on—at least if neither party objects.
June 06, 2018
During Wednesday's appellate showdown with rival Arista Networks, the networking giant repeatedly invoked the court's controversial copyrightability case.
June 05, 2018
The TWiT Netcasting Network accused Twitter of breaking a promise to stay out of audio and video and of unfairly retaining its former counsel. Judge Jacqueline Scott Corley disagreed on both counts.
June 05, 2018
Two judges hinted strongly that Allergan's bid to "rent" the Saint Regis Mohawk Tribe's sovereign immunity will fail.
June 03, 2018
He's the second high-profile patent litigator to join Orrick in the last month.
June 01, 2018
Top advocates will be arguing at the appeals court next week in hot IP cases involving copyright protections for software and claims of tribal immunity in PTO proceedings.
May 31, 2018
Only one judge dissented from denial of en banc review in Berkheimer v. HP, though two others called on Congress or the Supreme Court to intervene.
May 30, 2018
The company wants the full Federal Circuit to review two rulings: one in 2014 holding Java APIs copyrightable, and another this year throwing out a fair use jury verdict.
May 30, 2018
An appeal by Justin Timberlake and Britney Spears could determine whether legal fees from PTO proceedings are recoverable in "exceptional" patent cases.
May 29, 2018
At least one judge wants the full court to reconsider its precedents on Article III standing for animals.
May 28, 2018
A Finnegan, Henderson, Farabow, Garrett & Dunner team convinced the en banc Federal Circuit that patent owners deserve a better shot to amend claims during adversary proceedings at the Patent Office.
May 24, 2018
A San Jose jury has awarded Apple Inc. $538 million in its latest retrial with Samsung over infringing smartphones.
May 23, 2018
Justice Anthony Kennedy predicted the difficulty jurors would have applying the Supreme Court's "article of manufacture" test.
May 23, 2018
U.S. District Judge Beth Labson Freeman of the Northern District of California ruled that Cisco's copyright suit combined with GC Mark Chandler's blog posts were enough to get by summary judgment.
May 21, 2018
Twenty-five year Weil Gotshal veteran (and former Orrick associate) Jared Bobrow joins Tuesday as co-lead of Orrick's global IP practice.
May 18, 2018
After a catchy opening, the IP suit over North Coast Brewing's Brother Thelonious ale seems to be falling out of tune.
May 16, 2018
Appellate court rules that patent owners have the burden of establishing proper venue, and that defendants can't necessarily be sued anywhere within their state of incorporation.
May 16, 2018
Two more rulings narrow the venue options for patent plaintiffs and drugmaker Gilead fends off an attack on its HIV medication.
May 15, 2018
Apple and Samsung are back for more. Lawyers for the two tech giants gave their opening arguments on Tuesday in San Jose.
The Recorder | |News
May 15, 2018
The founders of MelRok have turned to Knobbe Martens to protect their plans for smoothing out the bumps in solar energy generation.
The Recorder | |News
May 11, 2018
Heninger Garrison Davis serves up a challenge to AIA proceedings that Justice Clarence Thomas refused to rule out.
May 11, 2018
An Alabama law firm is seeking damages for every patent owner who's had one or more claims invalidated during America Invents Act proceedings. Meanwhile, Merck & Co. won't fight a $14 million fee award, and who'll play the lawyers if there's a movie about the famous monkey selfie case?
May 09, 2018
The legal feud started after PokerStars raised concerns Gordan Vayo was not in Canada when he won an online tournament.
May 04, 2018
The judges are trying to figure out how to handle appeals of PTAB decisions where the board instituted proceedings on a subset of inter partes review claims, instead of all of them as required by recent Supreme Court guidance.
May 03, 2018
A surge in 2017 Hatch-Waxman filings runs counter to the overall downtrend in patent litigation.
May 01, 2018
The PTAB reads the U.S. Supreme Court's SAS decision as requiring it to review not only all claims raised in an IPR petition when instituting proceedings, but also each asserted ground of unpatentability.
May 01, 2018
She brings experience and connections from the busy District of Delaware and the Federal Circuit.
May 01, 2018
The tech-focused trial boutique opens an office, adding Michael Proctor from Boies Schiller
April 30, 2018
Initial concerns that gene editing technology might not work on humans are substantial evidence supporting subsequent Broad Institute patents, judges suggest Monday.
April 30, 2018
Some 9,000 misdemeanor arrestees were set free, while U.S. District Judge Lee Rosenthal's April 2017 injunction added further momentum to national money-bail reform efforts.
April 27, 2018
The Patent Trial and Appeal Board issued guidance Thursday on how it will handle inter partes review proceedings that began under rules that have now been declared out of bounds.
April 25, 2018
The Federal Circuit backed U.S. District Judge Beth Labson Freeman's finding that Merck's business and litigation misconduct justified unwinding the verdict.
April 25, 2018
After Tuesday's ruling in SAS Institute v. Iancu, petitioners face a higher risk of getting a final written decisions finding challenged patent claims valid, leaving them estopped from fighting in district court.
April 24, 2018
While many U.S. Supreme Court watchers were focused on the Oil States decision, the bigger impact on inter partes review may come from Tuesday's SAS Institute ruling.
April 24, 2018
But the justices suggest procedure might not cover patents issued before 2011 passage of America Invents Act.
April 23, 2018
Ninth Circuit Judges Carlos Bea and N. Randy Smith said an en banc panel of the court ought to reconsider whether animals ever have standing to bring claims.
April 20, 2018
The Patent and Trademark Office proposed new guidance for its examiners on patent eligibility, but not everyone believes it's a good thing.
April 19, 2018
The leader of plaintiff NetFuel Inc. describes the company as an AI pioneer in networking space.
April 17, 2018
Federal Circuit Judge Raymond Chen appeared pleased that the U.S. Patent and Trademark Office will find ways to simplify guidance for patent examiners.
April 16, 2018
U.S. District Judge William Orrick III granted Samsung's anti-suit injunction until he can resolve parallel claims over standard-essential patents.
April 16, 2018
Despite possibility of "chaos," presumption against extraterritorial application may give way to simple proximate cause test, justices suggest.
April 13, 2018
Lawyers for patent foes have shifted position since a hearing last August. Plus, is the dreaded T-word defamatory?
April 13, 2018
The court declined to dismiss the case, saying it's "wary of abetting ‘strategic behavior’ on the part of institutional litigants."
April 12, 2018
It's the second nine-figure verdict obtained by the company and its Caldwell Cassady & Curry lawyers in the last year. But Apple says the PTAB has already invalidated all of the patents.
April 11, 2018
In a speech to the U.S. Chamber of Commerce Andrei Iancu also promised wide-ranging review of Patent Trial and Appeal Board operations and standards.
April 10, 2018
Celebrity Chef Chloe Coscarelli is embroiled in an IP fight over her "by Chloe" chain with ESquared Hospitality, which expelled her from the partnership.
April 06, 2018
Up to $115,000 according to a signing bonus being offered by Fish & Richardson to attract new legal recruits.
April 03, 2018
Amazon's success invalidating voice recognition patents isn't an open-and-shut win. Here's why.
April 02, 2018
IP lawyers say his copyright and trademark claims over barbershop talk videos aren't championship caliber.
March 30, 2018
There have been several Supreme Court decisions shaping the law of patent eligibility. Counsel in the Berkheimer patent eligibility case think they've unearthed one more. Plus, is the Patent Trial and Appeal Board poised to embrace a new claim construction standard?
March 28, 2018
The D.C.-based appellate court on Wednesday stopped a PTAB proceeding in which the board has declined to recognize the Saint Regis Mohawk Tribe's sovereign immunity.
March 27, 2018
Will there be a third trial in Oracle v. Google? Or a Supreme Court showdown? And what's the Federal Circuit doing in the middle of a copyright case, anyway?
March 27, 2018
Google's unlicensed use of Java APIs in smartphones was not transformative, judges rule.
March 26, 2018
The California Court of Appeal has created some First Amendment breathing room for the creators of docudramas. It's coming at the expense of legendary actor Olivia De Havilland.
March 23, 2018
Greetings and welcome to Skilled in the Art. I'm Law.com IP reporter Scott Graham, and I am ready for the Supreme Court to get Oil States over with. In…
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