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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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July 14, 2021 | Texas Lawyer

USPTO to Judge Davila: See Judge Gilstrap's Ruling on Standing

The chief judge of the Eastern District of Texas turned away an inventor group's challenge to the way the PTO conducts patent validity trials, saying the inventors don't have standing to sue. The PTO is now saying the same should apply to a tech industry suit in San Jose.

By Scott Graham

3 minute read

July 13, 2021 | National Law Journal

Federal Circuit Wary of Uniloc's $250K 'Nuisance' Settlements

Judge Kathleen O'Malley gave an earful to Uniloc USA about the company's litigation tactics. But she told Arent Fox partner Janine Carlan, representing software company Acronis, that the court's hands may be tied when it comes to ordering Uniloc to pay Acronis' attorneys fees.

By Scott Graham

6 minute read

July 12, 2021 | The Recorder

Here's Yet Another Sign That the Entertainment Business Is Becoming a Technology Business

Loeb & Loeb, long known for its entertainment practice, is bringing aboard Patent Trial and Appeal Board specialist Brent Babcock from Womble Bond Dickinson. "They're really pushing on more on the patent litigation side of the practice, and the PTAB side is what they needed to add," Babcock said.

By Scott Graham

2 minute read

July 09, 2021 | Law.com

Skilled in the Art: Some Patents and IPRs Follow a Familiar Script

No need to reinvent the wheel for some patent owners and IPR petitioners.

By Scott Graham

8 minute read

July 08, 2021 | National Law Journal

Patent Owners Are Throwing In the Towel on Arthrex — With a Couple Exceptions

Qualcomm, Sanofi-Aventis and Uniloc 2017 are among the patent owners who formally gave up their right Wednesday to maintain Appointments Clause challenges before the Federal Circuit. But others represented by Sterne, Kessler, Goldstein & Fox and Kramer Levin Naftalis & Frankel are trying one last long-shot strategy.

By Scott Graham

5 minute read

July 06, 2021 | National Law Journal

Federal Circuit Resumes In-Person Argument With $1.2 Billion Cancer Drug Case

Orrick's Joshua Rosenkranz and Irell's Morgan Chu squared off over Gilead Sciences' Yescarta CAR-T therapy. Chief Judge Kimberly Moore pressed Chu repeatedly on whether Sloan Kettering had sufficiently described its patent on a groundbreaking approach to cancer treatment.

By Scott Graham

5 minute read

June 30, 2021 | National Law Journal

Federal Circuit Tears Up Road Map for Keeping Patent Cases in Texas

"Local interests are not a fiction," Federal Circuit Judge Timothy Dyk writes in directing Judge Alan Albright to send two patent infringement cases from Waco to Northern California.

By Scott Graham

5 minute read

June 30, 2021 | The Recorder

How Activision and Durie Tangri Prevailed at Trial Against 'G.I. Bro'

Going up against pro wrestling star Booker T. Huffman, partner Daralyn Durie got help from an American Gladiator and from the calculated risk of passing up a damages presentation.

By Scott Graham

8 minute read

June 29, 2021 | National Law Journal

How the USPTO Intends to Deal With Arthrex Decision

The agency has issued interim rules that permit the PTO director to review final decisions of the PTAB on their own motion or at the request of a party.

By Scott Graham

2 minute read

June 29, 2021 | National Law Journal

Supreme Court Reins In But Does Not Kill Patent Law's Assignor Estoppel

Federal Circuit has expanded the equitable doctrine too far, a 5-4 majority rules. Employees ought to be able to join new companies without undermining potential patent defenses, Justice Elena Kagan rules over dissents from Barrett and Alito.

By Scott Graham

6 minute read