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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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October 15, 2021 | Law.com

Skilled in the Art with Scott Graham: Class Is in Session Before Professor Albright + Judge Chhabria Critiques a Federal Circuit Marking Precedent + Will the Fifth Circuit Weigh in on Fintiv?

University of Texas IP law students are getting an opportunity to argue motions before the nation's busiest patent law judge. Judge Chhabria is respecting a Federal Circuit marking precedent, but that doesn't mean he likes it. And the Fifth Circuit is exercising appellate jurisdiction over a challenge to the PTO's administration of the America Invents Act, at least temporarily.

By Scott Graham

13 minute read

October 14, 2021 | Texas Lawyer

With Two More Albright Transfers, More Tech Companies Are Getting Their Tickets Punched Out of Waco.

The Federal Circuit issued two more mandamus orders Wednesday directing U.S. District Judge Alan Albright to transfer cases out of his court. That appellate court's orders are starting to take a bite out of the nation's busiest patent docket.

By Scott Graham

3 minute read

October 13, 2021 | National Law Journal

The PTO Could Be Headed to Another Appointments Clause Challenge

Four months after the Supreme Court decided Arthrex v. Smith & Nephew, a Federal Circuit judge has suggested that the decision didn't go far enough.

By Scott Graham

4 minute read

October 11, 2021 | The Recorder

Yearbook Lawsuits: How Publicity Right Class Actions Got a Second Life Against Ancestry.com

Plaintiffs object to the use of their names and yearbook photos without permission to sell subscriptions to Ancestry's database. A San Francisco judge shut down a class action brought under California's publicity right law, but a Nevada judge disagreed and has let a parallel action move forward under Nevada's publicity law.

By Scott Graham

7 minute read

October 06, 2021 | The Recorder

Keker IP Veteran Matthias Kamber Joins Paul Hastings

After 17 years with the Keker firm, Kamber said it's time to "shake things up and try something a little different." Paul Hastings welcomed "a savvy, business-minded litigator" into the fold.

By Scott Graham

3 minute read

October 04, 2021 | Law.com

Skilled in the Art with Scott Graham: Why Cisco Systems Should Be Thanking the Wall Street Journal + VLSI Accuses PTAB Petitioner of 'Shakedown' + After Further Review, Diagnostic Patents Are Ineligible

"While I admire the work the Journal produced, I think it glossed over at times how judicial stock ownership can actually cut against judicial rulings and reputation," Graham writes.

By Scott Graham

11 minute read

September 29, 2021 | National Law Journal

A Quiet US Supreme Court Term Ahead for IP—With One Potential Explosion

The court is seeking the solicitor general's views on a case that could reset the court's much-maligned patent eligibility law. Beyond that, a fair use case over Andy Warhol artwork and patent dispute over biologic drugs offer a chance of fireworks.

By Scott Graham

8 minute read

September 27, 2021 | Texas Lawyer

In Four Recent Orders, the Federal Circuit Is Finding More Reasons to Get Cases Out of Judge Albright's Court

Many of the technology industry defendants would prefer to have the cases heard in their home base of Northern California, where the bench is perceived to be less sympathetic to patent owners, especially nonpracticing entities or NPEs.

By Scott Graham

7 minute read

September 24, 2021 | Law.com

Skilled in the Art with Scott Graham: Will Sen. Leahy Get to Reinvent the America Invents Act? + Big Firms Go to War Over Narcolepsy Treatment + Don't Tell Judge Donato About Those IPRs

Ropes & Gray partner Scott McKeown lays out the odds for provisions of Sen. Leahy's forthcoming Reinventing the America Invents Act. Jazz Pharmaceuticals and Avadel Pharmaceuticals are on high alert over narcolepsy drug patents.

By Scott Graham

8 minute read

September 22, 2021 | National Law Journal

Cisco Systems Competitor Hires a Big Gun to Help Defend $1.9 Billion Judgment

Former USPTO Director Andrei Iancu and two colleagues from Irell & Manella have been added to the team defending Centripetal Networks' massive win in the nation's first virtual patent trial.

By Scott Graham

3 minute read