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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.
December 13, 2018
The full commission has asked the parties to brief an ALJ's determination that even a carefully tailored exclusion order would hand Qualcomm a monopoly on 5G modem chips.
December 11, 2018
Could the stars be aligning for a legislative compromise on patent eligibility? Or will the issue land at the Supreme Court in Berkheimer?
December 10, 2018
The trade commission has asked an ALJ to take evidence on the public interest as part of the patent infringement investigation.
December 10, 2018
The trade commission has asked an ALJ to take evidence on the public interest as part of the patent infringement investigation.
December 07, 2018
In today's briefing, we dive into the bevy of patent litigation stemming from the e-cigarette industry, an interesting debate from the world of soccer, and more.
December 07, 2018
Quinn New York partners Robert Raskopf, Todd Anten and Julia Beskin are on the complaint., which says the Federation has “threatened to hijack the foundation’s trademarks for its own use—likely in an effort to capitalize on lucrative business opportunities when the United States hosts the World Cup in 2026."
December 06, 2018
A nonprofit that promotes youth soccer says it's spent millions developing the 'U.S. Soccer Foundation' mark, only to be accused of trademark infringement now by U.S. soccer's governing body.
December 05, 2018
District judges need guidance on applying the Supreme Court's new willfulness framework, Wilmer's Seth Waxman argues for Zimmer Inc.
December 04, 2018
Hearing his first patent case, Brett Kavanaugh says legislators tried and failed to exclude private sales from a list of disqualifying prior art. Other justices sounded less sure.
December 04, 2018
In this week's edition, we look at Kavanaugh's first hearing of a patent case as a SCOTUS justice. Within minutes, he referenced a brief co-authored by none other than Stanford's Mark Lemley.
December 03, 2018
Appellate judges question U.S. District Judge William Orrick's decision to put Chinese injunction on hold while he analyzes smartphone licensing dispute.
December 03, 2018
Appellate judges question U.S. District Judge William Orrick's decision to put Chinese injunction on hold while he analyzes smartphone licensing dispute.
Law Journal Newsletters | Features
December 01, 2018
Digital Millennium Copyright Act exemptions aren’t just for documentary filmmakers anymore. The U.S. Copyright Office and Library of Congress has broadened a DMCA exemption to now allow more filmmakers to circumvent anti-copying technology and rip short video clips for purposes of commentary and criticism.
November 30, 2018
The appellate court turned back arguments from Time Warner Cable—and amici Intel and Dell—that jurors had been prejudiced by admission of another verdict involving the same VoIP technology patents.
November 30, 2018
The appellate court turned back arguments from Time Warner Cable—and amici Intel and Dell—that jurors had been prejudiced by admission of another verdict involving the same VoIP technology patents.
November 30, 2018
A semiconductor design company bagged a $233 million verdict and probably its attorneys fees in a trade secrets verdict.
November 29, 2018
ASML accused rival Xtal of hiring executives and engineers and inducing them to bring computational lithography technology with them.
November 29, 2018
ASML accused rival Xtal of hiring executives and engineers and inducing them to bring computational lithography technology with them.
Delaware Business Court Insider |News
November 28, 2018
The University of Wisconsin allocated Washington University 1 percent of a royalty stream on a kidney treatment the two schools patented. Apparently the figure should have been closer to 30 percent.
November 28, 2018
The University of Wisconsin allocated Washington University 1 percent of a royalty stream on a kidney treatment the two schools patented. Apparently the figure should have been closer to 30 percent.
November 27, 2018
The Federal Circuit has ordered a district court to take another crack at looking at a generic version of an ADHD drug.
November 26, 2018
The late conservative activist Phyllis Schlafly and her sons had tried to block a nephew from registering The St. Louis Brewery's Schlafly beer with the PTO.
November 21, 2018
U.S. District Judge Gonzalo Curiel says he lacks jurisdiction to rule after Qualcomm promises not to sue over nine patents identified by Apple.
November 21, 2018
A Los Angeles jury finds infringement and awards $5 million in punitives, but zero actual damages. Now a big fight looms over an injunction to stop Integrated Supply Network from infringing.
November 21, 2018
A Los Angeles jury finds infringement and awards $5 million in punitives, but zero actual damages. Now a big fight looms over an injunction to stop Integrated Supply Network from infringing.
November 21, 2018
A Los Angeles jury finds infringement and awards $5 million in punitives but nothing in compensatory damages, opening the door to a big fight over an injunction.
November 19, 2018
A company that sued more than 140 defendants drops its appeal of PTAB decision that invalidated all its patent claims.
November 19, 2018
A favorable claim construction ruling from Judge Haywood Gilliam ends a case against a patent owner whose predecessor won $10.7 million from the iPhone maker.
November 19, 2018
Big tech companies such as Amazon and HTC have had a lot of success at the Federal Circuit the last few years, but not on Friday.
November 19, 2018
The patent, asserted by smaller companies against big tech companies such as Amazon and HTC, claims a method of creating a 'verification structure' in a computer's BIOS memory.
November 15, 2018
A Delaware jury found that 10x Genomics infringed all seven asserted claims related to droplet microfluidic technology.
Delaware Business Court Insider
November 15, 2018
A Delaware jury found that 10x Genomics infringed all seven asserted claims related to droplet microfluidic technology.
November 15, 2018
A Delaware jury found that 10x Genomics infringed all seven asserted claims related to droplet microfluidic technology.
November 14, 2018
Demanding a new trial, Amrock and Gibson Dunn say three former executives of HouseCanary have shed light on 'egregious fraud' in a trade secrets case. HouseCanary calls it a 'sideshow.'
November 13, 2018
There's been some development on the PTAB's real party rules, and one Supreme Court justice is apparently stocking up on IP expertise despite a lack of IP-centric cases on the calendar.
November 12, 2018
A divided three-judge panel wrote last month that Judge Rodney Gilstrap's venue ruling can wait until after trial. Google says it's already led to a deluge of patent suits in in the Eastern District of Texas.
November 12, 2018
A divided three-judge panel wrote last month that Judge Rodney Gilstrap's venue ruling can wait until after trial. Google says it's already led to a deluge of patent suits in ED-Tex.
November 09, 2018
In the Cisco-Arista feud, Chief Judge Sharon Prost rules that the equitable doctrine forbidding an inventor from selling a patent and then attacking its validity can't be squared with the America Invents Act.
November 09, 2018
A recent decision is going force patent holders to decide whether to accept that they're required to license standard-essential patents to competitors, or to continue brushing them off.
November 08, 2018
The judge's ruling this week in the FTC's antitrust case against Qualcomm could be a game changer for licensing disputes in the 3G, 4G and 5G spaces.
November 07, 2018
Morgan Lewis guides nonprofit to enhanced damages in hearing implant dispute as U.S. District Judge Fernando Olguin cites Supreme Court's new rules and defendant Cochlear's conduct before and after trial.
November 07, 2018
Morgan Lewis guides nonprofit to enhanced damages in hearing implant dispute as U.S. District Judge Fernando Olguin cites Supreme Court's new rules and defendant Cochlear's conduct before and after trial.
November 06, 2018
The PTO has a new deputy director, and it's former solicitor joined Perkins Coie.
November 02, 2018
NetEase contends that some game elements PUBG describes as uniquely creative are actually clip art marketed by third parties.
November 02, 2018
Attorneys for the makers of "Rules of Survival" say the copyright suit filed against them is based in part on publicly available stock art.
November 02, 2018
Attorneys for the makers of "Rules of Survival" say the copyright suit filed against them is based in part on publicly available stock art.
October 31, 2018
Ripping of protected videos will be allowed for all films, not just documentaries, if the clip has biographical or historic significance.
October 30, 2018
The U.S. Supreme Court is taking up the question of whether the U.S. government is a “person” who can petition the Patent Trial and Appeal Board within the meaning of the America Invents Act.
October 30, 2018
The U.S. Court of Appeals for the Federal Circuit rejected a big tech industry push to overrule a venue ruling that subjects Google to patent infringement suits in the Eastern District of Texas. A dissenting judge warned of "far-reaching consequences" for internet businesses.
October 29, 2018
High court requests solicitor general's views on whether an invention revealed in a patent claim specification—but not the claims themselves—can invalidate a future patent.
October 29, 2018
High court requests solicitor general's views on whether an invention revealed in a patent claim specification—but not the claims themselves—can invalidate a future patent.
October 29, 2018
The judge's decision finding Google's servers constitute a "regular and established place of business" doesn't warrant mandamus review, the Federal Circuit held. A dissenting judge warned of "far-reaching consequences" for internet businesses.
October 29, 2018
U.S. District Judge Rodney Gilstrap's decision finding Google's servers constitute a "regular and established place of business" doesn't warrant mandamus review, the Federal Circuit held. A dissenting judge warned of "far-reaching consequences" for internet businesses.
October 29, 2018
The America Invents Act says any "person" can petition for review of patent validity. A patent owner backed by Covington & Burling says the government isn't a "person."
October 29, 2018
Accusing Apple of "trying to destroy our business," the chip giant seeks to avoid patent exhaustion ruling by granting covenant not to sue.
October 19, 2018
A San Francisco judge is encouraging attorneys to file briefs on plain paper. Two IP lawyers were the first to take him up on it.
October 19, 2018
The Northern District judge's standing order discourages the use of formal pleading paper. Two IP lawyers recently took him up on it.
October 18, 2018
Founding partner John Desmarais says the move, which will be effective in December, is motivated by clients and the search for talent.
October 18, 2018
Bindu Donovan and Todd Krause join the firm as John Desmarais seeks to capitalize on the boom in pharmaceutical litigation.
October 17, 2018
The chip giant says Judge Lucy Koh erred in "process, reasoning and result" in certifying a class of some 250 million cellphone purchasers.
October 16, 2018
In one week, the president signed into law the Music Modernization Act and is now weighing a bill to extend the PTO's fee-setting authority and address the under-representation of women and minorities on patents.
October 12, 2018
Friends, colleagues and clerks put the judge's 37-year career into perspective at a Stanford Law School symposium.
October 12, 2018
Also, the wide applicability of WesternGeco, and bye bye BRI, hello Phillips.
October 10, 2018
Judge Kathleen O'Malley says the court has been too broadly applying the Supreme Court's Myriad decision for the last four years.
October 09, 2018
The medical diagnostics industry appears to have found an ally in its quest to restore patent eligibility for groundbreaking discoveries: Federal Circuit Judge Kathleen O'Malley
October 09, 2018
An IP Valuation Partners affiliate is asserting patents recently acquired from Intellectual Ventures against Facebook, Instagram, Snap and Foursquare Labs.
October 08, 2018
An IP Valuation Partners affiliate is asserting patents recently acquired from Intellectual Ventures against Facebook, Instagram, Snap and Foursquare Labs.
October 05, 2018
The cable giant blames Sprint's $140 million verdict on admission of an award from a previous case. But Sprint says prior verdicts are a natural part of any hypothetical negotiation.
October 05, 2018
Time Warner says the $140 million verdict it got hit with last year was unduly influenced by admission of a previous verdict against a different party. Federal Circuit judges seemed to agree there should be some limits on such evidence.
October 05, 2018
Federal Circuit judges suggested that a method of diagnosing the neuromuscular condition myasthenia gravis fails the Section 101 test.
October 03, 2018
A nearby art gallery and cafe that called itself MoMaCha will have stop using the name, at least for now.
October 02, 2018
The Supreme Court has asked the solicitor general whether third parties like RPX Corp. should have standing to appeal cases they've lost at the Patent Trial and Appeal Board. The Federal Circuit says they don't, but Daniel Ravicher's been arguing otherwise since 2014.
Law Journal Newsletters | Features
October 01, 2018
The USPTO announced revisions to PTAB procedures that formalize Andrei Iancu’s control over the 250 administrative patent judges and their policy-making, while making that control more transparent.
September 30, 2018
The California district court judge found "substantial" and "compelling evidence" for certifying a class of as many as 240 million people and organizations that bought cellphones in the U.S. over the past seven years.
September 28, 2018
The Federal Circuit says no reasonable jury could have found the tech giant infringed a semiconductor patent developed at the University of Wisconsin.
September 28, 2018
Plus, Iancu hits the speaking circuit, and a patent on romance.
September 27, 2018
Nope, not Oracle v. Google. Instead the high court will use Rimini Street v. Oracle to resolve a circuit split over nontaxable costs in copyright cases.
September 26, 2018
Teasing out the America Invents Act continues to be a focus. But don't be surprised if trademark and copyright figure prominently in the mix.
September 24, 2018
Sidley and Quinn Emanuel square off in a high-stakes fight that could make new law on the look and feel of games.
September 21, 2018
The agency is aiming to create more precedential opinions while steering away from the practice of "stacking" its judicial panels.
September 18, 2018
The wireless giant has promised not to sue over the nine patents Apple identified. That moots all of the disputes over infringement, validity, FRAND royalties and patent exhaustion, Qualcomm says, leaving only contract and competition claims.
September 18, 2018
Plus, ITC welcomes back Judge Thomas Pender, and Rimon lands an 8-member IP team.
September 14, 2018
Group chairwoman Adrian Pruetz has retired, while partners Andrew Choung and Erica Van Loon have joined the L.A. office of Lathrop Gage.
September 14, 2018
Also, why a timely IPR petition was filed too late, and Amazon removes two patent suits from its cart
September 13, 2018
Valeant's attempt to disqualify a team of Katten Muchin Rosenman patent litigators led to a showdown Wednesday at the Federal Circuit.
September 13, 2018
Valeant's attempt to disqualify a team of Katten Muchin Rosenman patent litigators led to a showdown Wednesday at the Federal Circuit.
September 11, 2018
Tuesday's decision in Acorda Therapeutics v. Roxane Laboratories opened the door for generic companies to market competing versions of Ampyra, made new law on “blocking patents” and their impact on the obviousness analysis, and wiped more than $200 million off of Acorda's market cap.
September 11, 2018
The court upheld that their CRISPR invention, applying the technology to human and animal cells, is patentably distinct from UC's earlier discovery in single-cell organisms.
September 10, 2018
The court upheld that their CRISPR invention, applying the technology to human and animal cells, is patentably distinct from UC's earlier discovery in single-cell organisms.
September 10, 2018
For the second time this summer, the appellate court has told the Patent Trial and Appeal Board to reconsider whether business partners or third parties are helping litigants skirt the statute of limitations.
September 07, 2018
Cisco and Arista are seeking to vacate a judgment that was one of the first to apply copyright's “scenes-a-faire” defense in the software context.
September 07, 2018
Cisco and Arista are seeking to vacate a judgment that was one of the first to apply copyright's “scenes-a-faire” defense in the software context.
September 06, 2018
The social media giant filed its own infringement lawsuit, accusing BlackBerry's enterprise products of infringing six of its patents.
September 05, 2018
The social media giant filed its own infringement lawsuit, accusing BlackBerry's enterprise products of infringing six of its patents.
September 04, 2018
Is Omaha Steaks famous enough to merit trademark protection? During arguments Tuesday, a Federal Circuit panel seemed to be persuaded.
Law Journal Newsletters | Features
September 01, 2018
With an assist from Toucan Sam and Tony Bennett, owners of pre-1972 sound recordings no longer have to worry about losing their common law…
August 31, 2018
According to Qualcomm, the plaintiffs are proposing a class of 250 million cell phone purchasers and seeking damages of $4.99 billion.
August 30, 2018
Qualcomm may be making process in its ITC case against Apple, but it's a long way from actually winning, says a judge presiding over antitrust actions.
August 29, 2018
Huawei Technologies was found to have willfully infringed patents originally developed by Panasonic and Ericsson.
August 28, 2018
The Federal Circuit unanimously turned down Google's request for an en banc hearing in it's ongoing feud with Oracle.
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12/10/2018
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