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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].

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June 24, 2022 | Law.com

Skilled in the Art With Scott Graham: In Defense of Patent Thickets + Gaming Out a Year of Section 101 Limbo + Bad Takes From a PTAB Reform Hearing

Hughes Hubbard life sciences chief Patrice Jean says that, given the complexity that goes into some pharmaceuticals, it's "understandable that you would have dozens of patents that potentially cover what the outcome is."

By Scott Graham

14 minute read

June 22, 2022 | National Law Journal

Vidal Takes Action on PTAB Reform That Congress Probably Can't Deliver

The new PTO director has dialed back the agency's controversial Fintiv rule, freeing up the Patent Trial and Appeal Board to hear more patent validity challenges. The Senate still sounds nowhere near a consensus for enshrining PTAB reforms into law.

By Scott Graham

4 minute read

June 17, 2022 | Law.com

Skilled in the Art With Scott Graham: Quinn, Kirkland Square Off in San Diego, and One Side Has the Upper Hand + Something for Everyone to Love (and Hate) in PTAB Reform Bill

Judge Cathy Ann Bencivengo began Thursday's hearing by saying that Impact Engine's asserted patents have a Section 112 problem. Things went downhill from there.

By Scott Graham

8 minute read

June 15, 2022 | The Recorder

Oracle Wins $30 Million for Copyright Infringement in Trial Against HPE

An Oakland federal jury also awarded $24 million against Hewlett Packard Enterprise for intentionally interfering with Oracle's contractual relationships. Oracle had been seeking $128 million in compensatory damages plus punitive damages on the intentional interference claims.

By Scott Graham

2 minute read

June 14, 2022 | National Law Journal

Big Names Brandished in Effort to Restore $1.2B Cancer Treatment Verdict

The Federal Circuit ruled that a patent on a CAR-T treatment did not meet patent law's written description requirement. Jones Day and Irell & Manella are arguing for Bristol-Myers Squibb that the Federal Circuit has added judicial requirements to the statute that are virtually impossible for life sciences companies to meet.

By Scott Graham

4 minute read

June 10, 2022 | Law.com

Skilled in the Art With Scott Graham: Five Takeaways on SEPs and the ITC at CAFC + Wilmer and Sheppard Pour Cold Water on Sexual Wellness Trade Secret Suit

Owners of standard-essential patents and implementers could probably both draw encouragment from Federal Circuit judges' questioning in Philips v. Thales. Now we'll have to see if the court issues an opinion.

By Scott Graham

10 minute read

June 08, 2022 | National Law Journal

New Sheriff in Town: Vidal Will Personally Review Challenges to Patents Worth $2.175 Billion

For the first time, a PTO director will review a preliminary decision of the Patent Trial and Appeal Board to hold a trial under the America Invents Act. The move could help fortify a massive jury verdict awarded last year against Intel.

By Scott Graham

4 minute read

June 08, 2022 | The Recorder

Pillsbury's Richard Kirkpatrick, Author of Trademark Treatise, Dies at 68

Once a "trademark gopher" for his IP lawyer father, Kirkpatrick built his own practice and following while representing some of the world's largest brands.

By Scott Graham

3 minute read

June 07, 2022 | National Law Journal

Who Got the Work? Goldstein & Russell Joins American Axle Patent Eligibility Fight

Partners Thomas Goldstein and Eric Citron are joining Honigman LLP in arguing for Neapco Holdings that the Supreme Court should not take the case. The Solicitor General's Office recommended granting cert last month.

By Scott Graham

2 minute read

June 06, 2022 | Texas Lawyer

Third Bite or Not, Intel Gets Another Shot at Massive Patent Verdict Before USPTO

The Patent Trial and Appeal Board will let the tech giant act as an "understudy" to a small LLC's challenge to a patent worth $1.5 billion.

By Scott Graham

4 minute read