NEXT

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

July 30, 2021 | Law.com

How Will the Federal Circuit Replace Judge O'Malley? Plus: AI Can Be an Inventor--in the Southern Hemisphere

Also, the PTAB loved an opioid treatment patent. But a New Jersey judge did not.

By Scott Graham

8 minute read

July 28, 2021 | National Law Journal

Federal Circuit's Kathleen O'Malley to Retire Next Year, Handing Biden 2nd Pick

O'Malley is the only judge in the court's 38-year history to have served previously as a district court judge. Some IP litigators are hopeful that President Biden will take that into account when choosing a successor.

By Scott Graham

4 minute read

July 27, 2021 | The Recorder

Alsup Names, Shames Counsel While Awarding $5.9 Million in Attorneys Fees

Judge says three Kramer Levin partners "frustrated the fairness of the proceedings" in patent infringement action against Juniper Networks, and tells his judicial colleagues to be on the lookout for them.

By Scott Graham

3 minute read

July 26, 2021 | The Recorder

Can a Car Company Control 'Cruise'? New IP Lawsuit Says GM Can

San Francisco trademark lawyers say GM's suit against rival Ford is intriguing. It may all come down to whether "cruise" describes autonomous driving technology, or merely suggests it, says one attorney.

By Scott Graham

4 minute read

July 23, 2021 | Law.com

Skilled in the Art: McDermott and Sterne Kessler Wage Patent War Without Some Big Weapons + It's Official: Archer Aviation Will Not Be Enjoined

McDermott and Sterne Kessler try a patent case to verdict with one hand tied behind their backs.

By Scott Graham

6 minute read

July 21, 2021 | The Recorder

Wisk Aero's Flying Taxi Suit Isn't Yet Ready for Takeoff, Judge Hints

Judge William Orrick III strongly suggested Wednesday that the eVTOL company's trade secret suit isn't strong enough yet to justify a preliminary injunction against competitor Archer Aviation. "The evidence really needs to be tied up and very clear" to justify that extraordinary remedy, he told Wisk's Quinn Emanuel Urquhart & Sullivan attorneys.

By Scott Graham

4 minute read

July 20, 2021 | National Law Journal

We Just Found Out Who'll Preside Over the Copyright Claims Board

Veteran IP lawyers David Carson, Monica McCabe and Brad Newberg are seen as solid picks for the small claims tribunal, whose governing rules remain a work in progress.

By Scott Graham

4 minute read

July 19, 2021 | National Law Journal

Confirmed: Cunningham Will Be Federal Circuit's First Black Judge

A 63-33 vote to confirm Perkins Coie partner also brings gender parity to the D.C.-based appellate court. It's 'phenomenal news' for lawyers seeking more diversity on the federal appellate bench and the patent bar

By Scott Graham

6 minute read

July 16, 2021 | Law.com

Skilled in the Art: Tick Tock! File Those Trademark Applications Now + No, You Don't Have to Include Source Code in Your Patent Infringement Complaint

A surge in trademark applications means you've got to file earlier than ever.

By Scott Graham

10 minute read

July 16, 2021 | The Recorder

How Trademark Application Surge Could Delay Launch of Your New Business

Greenberg Glusker of counsel Natasha Shabani says that with applicants facing a six-month or longer wait for a preliminary examination at the USPTO, anyone planning a new line of business should huddle with trademark counsel extra early.

By Scott Graham

5 minute read