Scott Graham

Scott Graham

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 [email protected].

Connect with this author

January 27, 2023 | Law.com

Skilled in the Art With Scott Graham: I'm So Glad We Had This Time Together

My nine years on the IP bus got off to a bumpy start, but encouragement from all of you has made it an exhilarating journey.

By Scott Graham

4 minute read

January 20, 2023 | Law.com

Design Patent Appeal Splinters Federal Circuit Panel + Susman Scores $163M Jury Verdict + Finnegan Protects Under Armour's House

Mark Lemley's argument about design patent obviousness and the Supreme Court's KSR decision fell short of a win, but has served to raise the profile of the issue.

By Scott Graham

6 minute read

January 18, 2023 | National Law Journal

Judge Steps Down From Cisco Systems Case—Making Him Second Jurist to Bow Out

Administrative Patent Judge Steven Amundson wrote that Centripetal Networks' claim of bias 'lacks merit,' but that he was withdrawing to simplify the issues and give a replacement judge more time to get up to speed. It's the latest move in a tit-for-tat fight between Centripetal and Cisco over judicial recusals.

By Scott Graham

4 minute read

January 17, 2023 | National Law Journal

How Many Bites at the Apple? Supreme Court Asks for SG's Advice in Patent Case

The justices have asked Elizabeth Prelogar's office to weigh in on long-running controversy involving the America Invents Act: The scope of the AIA's estoppel provision that prevents litigants from raising invalidity defenses in district court litigation.

By Scott Graham

5 minute read

January 13, 2023 | Law.com

Skilled in the Art With Scott Graham: The Federal Circuit's Hot Bench Isn't Cooling Down Any Time Soon + Orrick Joins Effort to Get AIs Recognized as Inventors

Judges Tiffany Cunningham and Leonard Stark started out their careers being deferential to their colleagues during oral arguments, as is often expected of junior judges. More recently they've been speaking up.

By Scott Graham

9 minute read

January 12, 2023 | National Law Journal

Andrei Iancu Gets a Warm Welcome—but Might Leave Federal Circuit Empty-Handed

The former PTO director gamely argued for reinstatement of a patent infringement suit against Red Hat and customers of its virtualization products. But the appellate court sounded inclined to affirm a claim construction ruling that doomed the suit.

By Scott Graham

4 minute read

January 09, 2023 | The Recorder

The Massive Antitrust Class Action Against Qualcomm Isn't Dead Yet

Judge Jacqueline Scott Corley rejected a consumer class' tying allegations over the chip giant's "no license, no chips" policy. But the class' allegations of exclusive dealing with Apple may proceed for now, the judge ruled.

By Scott Graham

3 minute read

January 09, 2023 | National Law Journal

You Got Our Judge Recused? Fine, We'll Get Your Judge Recused

Kramer Levin partners Paul Andre and Lisa Kobialka won a $2.75 billion patent infringement judgment in 2020, only to lose it on appeal over a ticky-tack judicial conflict of interest. Now Andre has won a measure of payback at the Patent Trial and Appeal Board.

By Scott Graham

3 minute read

January 06, 2023 | Law.com

Skilled in the Art With Scott Graham: A Former PTO Director Is Set to Argue to the Federal Circuit + The Latest Test of AI Patent Eligibility

Andrei Iancu is scheduled to step to the lectern Wednesday in a patent infringement action against Red Hat, Dell, Hewlett-Packard Enterprise and others. He'll be facing Kirkland & Ellis' John O'Quinn.

By Scott Graham

7 minute read

January 04, 2023 | Delaware Business Court Insider

Go Ahead: Federal Circuit Won't Stop Judge Connolly's Inquiries About Patent Ownership

Wednesday's brief orders probably sent a shudder through VLSI Technology LLC and its investment manager Fortress Investment Group.

By Scott Graham

3 minute read