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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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April 22, 2022 | Law.com

Skilled in the Art With Scott Graham: Judge Connolly Is Taking Names on Litigation Funding + It's Not Just About Patents for O'Malley at Irell + USFL Mascots Help Block an Injunction

Delaware's chief district judge has created a 'sit-up-and-take-notice moment for patent litigants.'

By Scott Graham

11 minute read

April 21, 2022 | National Law Journal

Federal Circuit's O'Malley Joins Irell—'Chance to Work With Andrei Was Very Important'

After retiring last month from the Federal Circuit bench, Kathleen O'Malley will take her consulting, ADR and policy practice to the D.C. office of Irell & Manella.

By Scott Graham

4 minute read

April 19, 2022 | National Law Journal

It's Another First for ALJs at the International Trade Commission

Bryan Moore will bring the perspective of an administrative patent judge at the USPTO's Patent Trial and Appeal Board when he joins the ITC next month. He's also believed to be the first African American to hold the ALJ role at ITC.

By Scott Graham

3 minute read

April 18, 2022 | National Law Journal

With Billions at Stake, Supreme Court Dips Its Toes Into Biologic Drug Patents

The justices have asked for the solicitor general's views on a cert petition by Amgen in a case that could reinterpret patent law's Section 112 and the law of enablement.

By Scott Graham

5 minute read

April 11, 2022 | National Law Journal

Grubhub May Have to Deliver Its Logo Back to Competitor

With a nod to Jedi Master Qui-Gon Jinn, a magistrate judge has recommended that the delivery giant be enjoined from using a new mark that resembles the mark used by Home Chef and The Kroger Co.

By Scott Graham

4 minute read

April 08, 2022 | Law.com

Skilled in the Art With Scott Graham: Checking on Kathi Vidal's To-Do List at the PTO + Drew Hirshfeld Preparing for a New Chapter + 'Ghosts of Trademarks Past' Haunt CAFC Argument

Fintiv, Arthrex review, patent eligibility and SEP licensing are just a few of them items on the menu. Hirshfeld has agreed to stick around a few months as acting deputy to support the transition.

By Scott Graham

11 minute read

April 06, 2022 | National Law Journal

Senate Confirms Winston & Strawn Partner Kathi Vidal as Head of USPTO

Vidal will lead an agency of more than 13,000 employees and a budget of nearly $4 billlion while trying to strike a delicate balance between incentivizing innovation and curbing patent litigation abuse.

By Scott Graham

3 minute read

April 04, 2022 | National Law Journal

Judge's Blind Trust Didn't Resolve Financial Conflict of Interest, Federal Circuit Strongly Hints

U.S. District Judge Henry Morgan's refusal to recuse himself, or at least fully divest his spouse's modest holding in Cisco Systems stock, is going to require at least a partial retrial of a $1.9 billion patent infringement judgment against the networking giant, judging questions Monday

By Scott Graham

6 minute read

April 01, 2022 | Law.com

Skilled in the Art With Scott Graham: Gilstrap Sanctions Latham Client $1.1 Million, Orders New Trial Over Discovery Breach + BraunHagey Leads Craft Brewer to $56 Million Trademark Verdict

The Chamberlain Group and Fish & Richardson will get a second chance before a jury after a competitor failed to reveal potentially infringing products until the day before trial.

By Scott Graham

14 minute read

March 30, 2022 | National Law Journal

Arthrex Is Back, Threatening More Patent Disruption Than Ever

A lawyer for the medical device company acknowledged on Wednesday that its attack on the temporary leadership structure of the PTO could call into question every patent issued in the last 14 months.

By Scott Graham

4 minute read