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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.
January 18, 2019
The company had been seeking $130 million from Bombardier Recreational Products over its "Can-Am Defender" off-road vehicle. Wilmer Hale persuaded a Detroit jury there was no likelihood of consumer confusion.
January 18, 2019
The company had been seeking $130 million from Bombardier Recreational Products over its "Can-Am Defender" off-road vehicle. Wilmer Hale persuaded a Detroit jury there was no likelihood of consumer confusion.
January 18, 2019
The Saint Regis Mohawk Tribe and Allergan are making their case to the Supreme Court that the Patent Trial and Appeal Board must recognize sovereign immunity in America Invents Act proceedings.
January 15, 2019
What should happen if you lied and stonewalled your way through litigation, got hit with an exceptional case sanction and then got two of three patents invalidated at PTAB? Samsung will soon find out.
January 15, 2019
Kirkland partner Paul Clement tells the Supreme Court the feds are trying to have it both ways when interpreting "full costs" provision in Copyright Act.
January 11, 2019
Susman Godfrey says real estate appraiser Amrock "cannot distract from the fact that it stole HouseCanary's proprietary technology."
January 11, 2019
Wilmer Cutler Pickering Hale and Dorr partner Mark Fleming kept an even keel while taking shot after shot from Federal Circuit Judge Kimberly Moore with about $1 billion on the line for Apple.
January 09, 2019
The IP holding company's stock popped 65 percent Tuesday as Paul Hastings and MoloLamken sought to preserve a $440 million patent infringement judgment against Apple.
January 09, 2019
The IP holding company's stock popped 65 percent Tuesday as Paul Hastings and MoloLamken sought to preserve a $440 million patent infringement judgment against Apple.
January 08, 2019
In today's IP briefing, a close look at the changing Section 101 battlefield, analysis of the arguments in a closely watched copyright case, and expert predictions on whether F-bombs will drop in the U.S. Supreme Court.
January 08, 2019
Several justices sounded convinced that the Copyright Act requires owners to complete registration before suing for infringement, even though the process can take more than a year.
January 08, 2019
Several justices sounded convinced that the Copyright Act requires owners to complete registration before suing for infringement, even though the process can take more than a year.
January 07, 2019
The question in HP v. Berkheimer is whether patent eligibility is always a matter of law that can be resolved at an early, less costly stage of litigation.
January 07, 2019
The question in HP v. Berkheimer is whether patent eligibility is always a matter of law that can be resolved at an early, less costly stage of litigation.
January 04, 2019
Eighteen months after ruling a statutory ban on "disparaging" marks unconstitutional, the justices will address a related provision banning "scandalous" and "immoral" marks.
January 04, 2019
Eighteen months after ruling a statutory ban on "disparaging" marks unconstitutional, the justices will address a related provision banning "scandalous" and "immoral" marks.
January 04, 2019
The FTC is demanding that Qualcomm license standard-essential patents to its chipmaking rivals on fair, reasonable and non-discriminatory (FRAND) terms
January 03, 2019
The stakes are incredibly high as the Federal Trade Commission launches its case Friday, the first of three scheduled trials this year over the chip giant's licensing practices.
January 03, 2019
Developer of auto navigation modules sues IP powerhouse InterDigital, accuses it of using customer threats to extract non-FRAND royalties.
January 02, 2019
Developer of auto navigation modules sues IP powerhouse InterDigital, accuses it of using customer threats to extract non-FRAND royalties.
December 28, 2018
Meanwhile, Judge Mayer weighs in on the Berkheimer patent eligibility debate as decision day nears at the Supreme Court.
December 27, 2018
Judge Susan Illston rules that new Illumina patents on improving noninvasive pregnancy tests are directed to unpatentable natural phenomena.
December 26, 2018
2018 was a big year for lateral moves in the California IP market, especially among litigators. Here’s a quick look at some of those moves.
December 21, 2018
One case in question could open the door for executive branch agencies to appear on opposing sides of IP fights.
December 21, 2018
It looks as if the Match Group and Bumble Trading are going to be in a long-term, committed relationship—in federal court
December 20, 2018
U.S. District Judge Alan Albright ruled the dating app interface is eligible for patenting, moving Match Group's suit against rival Bumble Trading one step forward.
December 20, 2018
U.S. District Judge Alan Albright ruled the dating app interface is eligible for patenting, moving Match Group's suit against rival Bumble Trading one step forward.
December 18, 2018
A newly unsealed bench verdict reveals the details of a knock-down, drag-out patent fight between WashU in St. Louis and the University of Wisconsin. Plus, what really goes on in Judge William Alsup's so-called shootouts where accused infringers may wind up in "injunction city."
December 18, 2018
What really goes on in Judge William Alsup's so-called shootouts where accused infringers may wind up in "injunction city."
December 17, 2018
Irell persuaded Judge William Alsup to block Finjan from seeking $60 million in damages and got the jury to find the patent claim was not infringed.
December 14, 2018
It seems like the tide is starting to turn Qualcomm's way in its antitrust battles with Apple and the U.S. government.
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.
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01/22/2019
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01/21/2019
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01/21/2019
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