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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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March 12, 2021 | Law.com

Skilled in the Art: An IP Dispute Ends With an Apology and With Stock + Paul Hastings Colors Over L'Oreal Ruling + ALJ Tells a Big Firm to Mind the Small Stuff

Largan Precision settles its IP dispute with Ability Opto-Electronics, netting a public apology and 15% of its rival's stock in the process.

By Scott Graham

6 minute read

March 11, 2021 | The Recorder

Davila Expresses Doubts About USPTO's Rules for Validity Challenges

The San Jose judge sounded sympathetic to tech company complaints that the PTO is limiting access to America Invents Act trials. But he also questioned whether the companies have standing to bring the suit.

By Scott Graham

4 minute read

March 11, 2021 | Texas Lawyer

Surge in Western District Filings Is Resetting the Patent Landscape

Lex Machina's annual Patent Litigation Report confirms that Judge Alan Albright now has the nation's busiest patent docket, while some Texas firms have added dozens or even hundreds of cases in the last year.

By Scott Graham

4 minute read

March 05, 2021 | Law.com

Skilled in the Art: Breaking Down the Patent Shot Heard Around the World + No More Mask Mandate in Marshall + Why It's Smart to Ask for Help

The $2.175 billion patent infringement verdict from a Waco jury might get reversed, but it can't be unrung.

By Scott Graham

9 minute read

March 03, 2021 | The Recorder

Amazon, Fenwick Win $4.8M Fee Award in Multidistrict Patent Litigation

PersonalWeb Technologies had accused more than 80 Amazon customers of infringement. Judge Beth Labson Freeman wrote that, even accounting only for fees tied to PersonalWeb's misconduct, Amazon was entitled to about 75% of its request.

By Scott Graham

4 minute read

March 02, 2021 | Texas Lawyer

Fortress, Irell Win $2.175B Patent Verdict Against Intel

The mammoth verdict comes in the second patent trial before U.S. District Judge Alan Albright and represents a ringing validation of Fortress Investment Group's patent assertion model.

By Scott Graham

5 minute read

March 01, 2021 | Texas Lawyer

VLSI Closings: Will the Real Innovators Please Stand Up?

In seeking some $2 billion, Irell's Morgan Chu points to big payouts Intel has paid out to settle other patent disputes, while Wilmer's William Lee questions why no VLSI employees took the witness stand.

By Scott Graham

6 minute read

March 01, 2021 | National Law Journal

Justices Hint That They Might Fix PTO Appointment Clause Problem

Several justices suggested that severing a minor provision in the America Invents Act would be preferable to the Federal Circuit's approach of removing administrative patent judges' civil service protections.

By Scott Graham

8 minute read

February 26, 2021 | Texas Lawyer

Irell and Wilmer Go Door to Door in Waco Patent Trial

Once Intel's attorneys opened the door to an expert witness' previous work with Irell & Manella, it led to fireworks over their $250 million successes and a Federal Circuit failure.

By Scott Graham

5 minute read

February 26, 2021 | Law.com

Skilled in the Art: It's Door-to-Door Combat in VLSI-Intel Trial + SK Hynix Will Have to Get Used to Waco

The patent stars have converged on the Western District of Texas this week and they haven't disappointed.

By Scott Graham

10 minute read