Welcome to Skilled in the Art. I’m Law.com IP reporter Scott Graham. You may disagree with my takes or say they’re inaccurate, but I hope you’ll at least find them “plausible.” According to the Fifth Circuit, a recent Federal Circuit decision can’t meet even that basic threshold. And now the two circuits seem to be in a standoff over which one should hear an antitrust case based on alleged fraud on the PTO. I’ll explain below. Plus I’ve got an update on the push for a new Section 101, and a FRAND verdict that came down for the patent holder this time. As always you can email meyour feedback and follow me on Twitter.


Judges Kimberly Moore and Stephen Higginson

Another Ping-Pong Match Over Federal Circuit Jurisdiction

Texas litigator Mike Truesdale seems to have an interesting appellate issue. Now if he could just find an appellate court willing to hear it.

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