Welcome to Skilled in the Art, hacking cough edition. I'm Law.com IP reporter Scott Graham. I'm under the weather so will keep this newsletter brief. Send tips, emails and homeopathic remedies to [email protected]. Or find me on Twitter @scottkgraham.

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Apple: If PTAB Didn't Recognize Ex Parte Contact, Why Should We Have?

Apple isn't letting go of its spectacular misconduct claim against Voip-Pal.com any time soon. As I reported this week, the iPhone maker has tapped Gibson, Dunn & Crutcher partners Mark Perry and Brian Buroker for anticipated appellate proceedings in Apple v. Voip-Pal.com. This is the case in which Apple's opponent was sending letters to the PTAB demanding — and getting — new judges for a patent validity challenge. The new judges then disagreed with the original judges on a key issue and ruled in Apple's favor.

Apple outlines some egregious conduct — I'd love to fast-forward 18 months to the Federal Circuit arguments – but its case has one glaring weakness. Apple knew about the first of six letters former Voip.Pal CEO Thomas Sawyer sent to the PTAB way back in May, but didn't speak up until December, after it lost the final written decision.

Apple and its Erise IP counsel are taking a new approach to shoring up this weakness. Apple argues in a brief filed Friday that Voip-Pal fooled everyone — including the PTAB — by holding out Sawyer as a mere shareholder acting on his own initiative. “Apple was in good company” by not recognizing the significance of the letter, Erise's Adam Seitz writes. “The board also did not recognize the letters were from Voip-Pal and took no subsequent action. … Nobody took action earlier than now because Voip-Pal succcessfully hid its involvement.”

Earlier this month Voip-Pal admitted that Sawyer had consulted with firm lawyers and management on the letters. “Voip-Pal hid the truth,” Seitz writes, “and it cannot pass the blame for its deception to Apple.”

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Russ August Expands Into Media IP

This is not one I saw coming. Russ August & Kabat, a Los Angeles firm known primarily for representing patent holders in high-stakes litigation, has brought aboard veteran entertainment litigator Stanton “Larry” Stein to expand the firm's IP practice into entertainment and media litigation.

Stein is best known for protecting the rights of talent and production companies. Russ August's press release announcing the hire notes that has included copyright and trademark protection for reality television formats, and a recent IP dispute over the use of “Godzilla” in a motion picture.

Russ August's “highly respected IP practice and extensive trial experience fit perfectly with the entertainment, branding, and business needs of our clients,” Stein said in the press release. “The opportunity was too good to pass up,” firm managing partner Larry Russ said.

Stein was a name partner in Dreier Stein Kahan Browne Woods George, which split apart in 2009 after founder Marc Dreier ran into legal troubles. A handful of lawyers including Stein joined Liner Yankelevitz Sunshine & Regenstreif, while others re-formed as Browne Woods George. The Liner firm merged with DLA Piperlast year.

Making the jump with Stein are his longtime partners Bennett Bigman and Ashley Yeargan, plus senior associate Diana Sanders.

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'Behind the Trial' Podcast Lines Up IP Heavy Hitters

McKool Smith and Benchmark Litigation are teaming up on a series of podcasts with some of the nation's most iconic trial lawyers. Behind the Trial sounds like it could have some IP flavor. McKool's Courtland Reichman is hosting the series. His first guest was Cravath's Evan Chesler (currently representing Qualcomm in its patent battle with Apple) and Boies Schiller's David Boies is scheduled. The episode I'll be most interested to hear: U.S. District Judge William Alsup.

OK, I've got to go gulp down some Robitussin now. See you all again on Friday.