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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 28, 2021 | The Recorder

Silicon Valley's Sweat Equity Partners Has to Sweat a Trade Secrets Suit

Wisconsin edge computing company Swoop Search says that instead of providing operational support, a Reid Hoffman-backed consulting company used trade secrets it learned during its engagement to stand up a competitor. The suit comes in response to a fraud action alleging that Swoop exaggerated its revenues and capabilities.

By Scott Graham

5 minute read

June 25, 2021 | Law.com

Skilled in the Art: We've Got Answers and We Don't Even Know the Questions Yet on Arthrex

Questions, questions, questions—we've got a truckload following the Supreme Court's Arthrex decision.

By Scott Graham

13 minute read

June 22, 2021 | National Law Journal

How Sharon Prost Helped Smooth the Way for the Federal Circuit's Next Leader

Once one of just two women on the court, Prost has been gradually handing over the reins to incoming Chief Judge Kimberly Moore as the court nears gender parity.

By Scott Graham

4 minute read

June 21, 2021 | National Law Journal

Supreme Court Once Again Spares the PTO's 'Death Squad' for Patents

The administrative judges of the Patent Trial and Appeal Board look like principal officers who should have been appointed by the president and confirmed by the Senate, a majority of the court ruled. But the court is getting around that problem by letting the PTO director conduct final review of each decision, rendering the APJs inferior officers.

By Scott Graham

8 minute read

June 18, 2021 | Law.com

Skilled in the Art: Parting Thoughts on a $30 Million AI Trade Secrets Verdict

Kirkland partners Adam Alper and Mike De Vries share a few insights on the trade secrets trial they just litigated for AI company LivePerson.

By Scott Graham

10 minute read

June 17, 2021 | The Recorder

LivePerson Wins $30M in Trade Secret Dispute Over AI Rules and Data

Jurors awarded $6.7 million in compensatory damages and $23.3 million in punitives. It's the third in-person jury trial win for Kirkland partners Adam Alper and Michael De Vries during the pandemic era.

By Scott Graham

3 minute read

June 17, 2021 | National Law Journal

How 1 Little Typo Almost Torpedoed a Patent Application

The PTO kept sending mail to an incorrectly provided street address, even though it had an email, a telephone number and a unique customer identifier it could have cross-checked. Judge Leonie Brinkema ruled that it was likely arbitrary and capricious for the PTO to withdraw a patent application under those circumstances.

By Scott Graham

5 minute read

June 17, 2021 | National Law Journal

Senate Judiciary OKs Federal Circuit Nominee

There was little drama during the brief discussion of the woman tabbed to be the first Black judge on the nation's patent appellate court. All committee Democrats and five Republicans voted to move her nomination to the floor.

By Scott Graham

2 minute read

June 16, 2021 | The Recorder

How an AI Chat Platform Made Its Pitch for $100M in Trade Secret Damages

In closing arguments Tuesday, Kirkland & Ellis partner Michael De Vries told jurors that [24]7.ai was so brazen about its theft of competitor LivePerson's rules and data that it even referred internally to "the LivePerson rules." O'Melveny partner Darin Snyder argued there was nothing improper about that because LivePerson assigned all the IP generated on customer websites to its customers.

By Scott Graham

4 minute read

June 15, 2021 | The Recorder

Oracle Closes in on Trial With HPE Over Pirated Patches

Following a summary judgment ruling from U.S. District Judge Jon Tigar, Oracle and HPE are heading to a familiar place—a potentially multimillion-dollar jury trial in a San Francisco Bay Area courtroom.

By Scott Graham

3 minute read