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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.
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 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.
August 27, 2018
The owner who shared a internet connection has no affirmative duty to police for copyright violations, the panel decided.
August 24, 2018
Although a jury found that Salt Lake Comic Con's trademark infringement wasn't willful, Judge Anthony Battaglia declared the case "exceptional."
August 24, 2018
Welcome to Skilled in the Art. I'm Law.com IP reporter Scott Graham. This week I'm going Roger Ebert on you and offering a few reflections on "Invalidated,"…
August 22, 2018
U.S. District Judge George Wu says it's too early in the litigation to knock out more than just a few of the challenged patent claims.
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
Justin Timberlake, 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."
Law Journal Newsletters | Features
August 01, 2018
The Spanish foundation that administers the intellectual property rights of famed surrealist Salvador Dalí is suing a Monterey, CA, museum that displays a permanent Dalí exhibition and uses the artist’s name and likeness to promote it.
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 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.
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