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 06, 2022 | National Law Journal

Federal Circuit Doesn't Sound Ready to Name Machines—or Monkeys—as Inventors on Patents

Three Federal Circuit judges suggest that the language of the Patent Act limits inventors to human beings. Judge Richard Taranto adds that it's "not self-evident" that extending inventorship to machines would be good policy, either.

By Scott Graham

5 minute read

June 03, 2022 | National Law Journal

It's Alive! The Debate Over AI Inventors Arrives at the Federal Circuit

Brown Neri's Ryan Abbott will make the case for inventor-bots on Monday, while his team broadens its campaign with a suit against the Copyright Office over AIs as authors.

By Scott Graham

4 minute read

June 03, 2022 | Law.com

Skilled in the Art With Scott Graham: The AI Inventor Debate Arrives at the Federal Circuit + Diagnostics Patent Eligibility Is Once Again Before the Court

Brown Neri's Ryan Abbott will make the case for inventor-bots on Monday, while his team broadens its campaign with a suit against the Copyright Office over AIs as authors.

By Scott Graham

8 minute read

June 01, 2022 | National Law Journal

Under Kathi Vidal, PTO Management Will Stay Out of PTAB Decision Making

A former administrative patent judge explains how and why Vidal is setting up an internal system of peer review for Patent Trial and Appeal Board decisions, while reserving the director's authority to render the final say.

By Scott Graham

7 minute read

May 27, 2022 | The Recorder

Once-Mighty E-Commerce Patent Is Ruled Ineligible

Eolas v. Amazon.com is descended from one of the most famous patent trials in Internet history. Judge Jon Tigar ruled that Eolas Technologies left too much of the "how" out of its distributed computing claims.

By Scott Graham

3 minute read

May 27, 2022 | Law.com

Skilled in the Art With Scott Graham: Thales Tries to Exclude ITC From SEP Litigation + Garage Door Wars Are Coming to a Head +Once-Mighty E-Commerce Patent Ruled Ineligible

Auto makers, app developers and FTC commissioners are arguing that the ITC shouldn't be in the business of excluding imports from willing SEP licensees. Patent owner Philips says Thales is far from willing.

By Scott Graham

8 minute read

May 25, 2022 | National Law Journal

Solicitor General: It's Time for Supreme Court to Revisit Patent Eligibility

The solicitor general is recommending that the Supreme Court grant cert in "American Axle," a case that could clarify—or rewrite—the most controversial area of patent law.

By Scott Graham

4 minute read

May 25, 2022 | The Recorder

Tastes Like Invalidity—Judge Knocks Out Sweetener Patents, Despite PTAB Ruling

Judge James Selna ruled that PureCircle's patented methods of producing commercial grade Stevia are ineligible for patenting or fail on written description. That made winners of Sweegen and Sterne, Kessler, Goldstein & Fox.

By Scott Graham

3 minute read

May 20, 2022 | Law.com

Skilled in the Art With Scott Graham: Say Farewell to the 50-50 Federal Circuit + Mintz Turns the PTAB Into a Life Squad + All Our Rexes Sue in Texas

Legal analytics provider Lex Machina says that, statistically, district court judgments are much more likely to be affirmed at the Federal Circuit than in years past. Plus, more than half of the patent cases filed in district courts last year were concentrated in just three judicial districts.

By Scott Graham

10 minute read

May 19, 2022 | New York Law Journal

4 Takeaways From Judge Rakoff's Order on MetaBirkins NFTs

The "Rogers v. Grimaldi" test for balancing artistic expression against trademark protection applies, even in the world of NFTs. But that wasn't enough to stop Hermes' suit against Mason Rothschild from proceeding.

By Scott Graham

3 minute read


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