Scott Graham

August 03, 2022 | National Law Journal

A former PTO director and a former Federal Circuit judge hailed the legislation as providing clarity and predictability in a contentions area of law. An attorney for a tech industry trade group warned that, as written, the bill would roll back advances against abusive patent litigation.

By Scott Graham

4 minute read

July 29, 2022 | Law.com

The author of a new treatise on artificial intelligence and the law expects to see an explosion of litigation in the area—and a lot of pressure on the doctrine of fair use.

By Scott Graham

11 minute read

July 27, 2022 | National Law Journal

Citing 'blatant gamesmanship' by patent owner Realtime Adaptive Streaming, the Federal Circuit affirms a trial judge's authority to award fees under his inherent equitable powers.

By Scott Graham

3 minute read

July 27, 2022 | Texas Lawyer

A day after the district announced that patent cases filed in Waco will be spread among 12 judges, two Texas litigators said they're optimistic that the Western District will remain a patent hot spot. Others outside the state were skeptical.

By Scott Graham

5 minute read

July 25, 2022 | Texas Lawyer

Starting immediately, all of the patent cases filed in Waco before U.S. District Judge Alan Albright—until now about 23% of all patent cases nationally—will have to be shared with 10 other Western District judges.

By Scott Graham

3 minute read

July 25, 2022 | New York Law Journal

Owners of clothing company called Rhode tried to block Bieber from marketing a new line of cosmetics with the same name. U.S. District Judge Lorna Schofield ruled that Rhode is a weak mark and that, while clothing and cosmetics might be close cousins, they're not the same industry.

By Scott Graham

4 minute read

July 22, 2022 | Law.com

Circumstantial evidence of misappropriation won't cut it in the absence of specificity, he rules in life sciences SaaS case. It's a win for Keker, Van Nest & Peters.

By Scott Graham

7 minute read

July 20, 2022 | New York Law Journal

Pryor Cashman attorneys have filed a tour de force of a complaint, but Meta Platforms' apparent claim that its business doesn't overlap with METAx's might have some substance.

By Scott Graham

3 minute read

July 18, 2022 | Delaware Business Court Insider

Take-Two Interactive had pointed to criticisms and sanctions leveled by other district judges against the same lawyers. But U.S. District Judge Richard Andrews said the conduct in his courtroom, while at times 'regrettable' wasn't far out of the norm for patent infringement cases.

By Scott Graham

3 minute read

July 18, 2022 | National Law Journal

Latham and Goodwin Procter persuaded the Federal Circuit that CareDx patents for detecting organ transplant rejection are invalid because they apply a natural law using conventional techniques. Weil Gotshal argues that the patented techniques are anything but conventional, and that the decision will "suffocate innovation in the life-saving arts."

By Scott Graham

3 minute read