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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 18, 2022 | National Law Journal

Finnegan's Lawyer-Retention Formula: Erika Arner Talks Patent Law and Priorities

The firm's new managing partner wants to think bigger than trying to recreate 2019, and says maybe it's time for patent law to move on from Section 101.

By Scott Graham

9 minute read

July 15, 2022 | The Recorder

Copyright's Discovery Rule Is Alive and Well, if You Don't Take the Supreme Court Too Literally

Ninth Circuit Judge Kim Wardlaw wrote in Starz v. MGM that if the statute of limitations doesn't accrue until copyright infringement is discovered, then the three-year damages period shouldn't start till then either. That sets up a split with the Second Circuit.

By Scott Graham

3 minute read

July 15, 2022 | Law.com

Skilled in the Art With Scott Graham: The Discovery Rule Is Alive and Well, So Long as You Don't Take the Supreme Court Too Literally + A Former Federal Circuit Clerk Is Nominated to the District Court Bench

Ninth Circuit Judge Kim Wardlaw wrote in Starz v. MGM that if the statute of limitations doesn't accrue until copyright infringement is discovered, then the three-year damages period shouldn't start till then either. That sets up a split with the Second Circuit.

By Scott Graham

11 minute read

July 11, 2022 | The Recorder

Artificial Intelligence System for Visualizing MRIs Is Ruled Patent Ineligible

AI Visualize said its patents deliver "real-time immersive 3D interactive VR telepresence," but Judge Richard Andrews said the company merely claimed the abstract idea of remotely storing a dataset of images, transmitting the images over the Internet, and displaying the images at a client computer.

By Scott Graham

2 minute read

July 08, 2022 | Law.com

Skilled in the Art With Scott Graham: Apple, Kirkland Are Poised to Keep $300 Million Patent Submerged + CAFC Might Avoid SEPs at the ITC + Kathi Vidal Thinks VLSI's $2.175 Billion Patents Are Probably Invalid

A panel of Federal Circuit judges didn't sound inclined to rescue a 'submarine' patent that led to a $308 million jury verdict against Apple.

By Scott Graham

8 minute read

July 06, 2022 | The Recorder

Never Mind the PTAB—Agilent Is Pushing to Enjoin Competitor's CRISPR Sales

Agilent Technologies is seeking to block sales by Synthego notwithstanding a preliminary finding by the Patent Trial and Appeal Board that most of Agilent's patent claims are invalid. It's one of the first tries for a preliminary injunction in the CRISPR space.

By Scott Graham

5 minute read

July 01, 2022 | Law.com

Skilled in the Art With Scott Graham: Time to Change Tactics on 101, or Just Wait for a Better Term? + PTO Launches AI Partnership + Judge Freeman Calls Out Firm's 'Possum Act'

The Supreme Court might be done with patent eligibility for the foreseeable future. Practitioners say that, if there is still a path to review, it's going to require early and careful preparation.

By Scott Graham

12 minute read

June 30, 2022 | National Law Journal

Ignoring Solicitor General, Supreme Court Declines Patent Eligibility Case

After 18 months of waiting on American Axle, it's wait till next term for critics of the court's Section 101 jurisprudence.

By Scott Graham

4 minute read

June 28, 2022 | Delaware Business Court Insider

$4 Billion With a B—Judge Connolly Trims VLSI Technology's Damages Ask Against Intel

In an apparent first-impression ruling, Delaware's chief federal judge ruled that patent owners cannot assign greater value to dependent claims than to independent claims.

By Scott Graham

3 minute read

June 27, 2022 | National Law Journal

Patent Eligibility Case Put on Hold; Apple Loses Standing Battle With Qualcomm

The justices put off a decision on the closely watched American Axle eligibility case.

By Scott Graham

4 minute read