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 28, 2022 | National Law Journal

Fair Use Again? US Supreme Court Will Tackle Andy Warhol's Prince Works

Latham & Watkins and Williams & Connolly will square off over the transformative nature of Warhol's creations, and whether its sufficient to be a fair use of Lynn Goldsmith's photograph.

By Scott Graham

5 minute read

March 25, 2022 | Law.com

Skilled in the Art With Scott Graham: Judge Dyk Reflects on 60 Years in Law, Including Two Awaiting Senate Confirmation + Sen. Leahy Marks 10 Years of the AIA With the PTAB Bar Association

The Federal Circuit judge is set to publish a memoir this spring. There will be more about his clerking on the Warren Court than the nuts and bolts of patent law, he told LAIPLA on Thursday.

By Scott Graham

9 minute read

March 23, 2022 | Texas Lawyer

Zoom Meetings or Not, Epic Games Doesn't Have an 'Established Place of Business' in Austin

U.S. District Judge Alan Albright ruled that venue was not proper in the Western District, despite "nuanced arguments" employees who work from their homes in the area.

By Scott Graham

3 minute read

March 23, 2022 | Texas Lawyer

'I Couldn't Have Imagined This' — How the Boom in Austin IP Litigation Is Transforming Careers

The boom in Austin's technology market and the arrival of Judge Alan Albright in Waco have generated a ton of work involving the world's largest tech companies for big firms and local counsel alike.

By Scott Graham

12 minute read

March 21, 2022 | The Recorder

Baker & Hostetler Adds to West Coast Growth With IP Team From Morgan Lewis

Partners Mark Itri and Michael Dreznes headline a 20-person team of lawyers, patent agents and specialists.

By Scott Graham

3 minute read

March 18, 2022 | Law.com

Skilled in the Art With Scott Graham: This Jury Verdict Should Have Been Celebrated Over a Drink + COVID Patent Infringement Suits Are Picking Up + CAFC Eyes Ruling on Judicial Stock Ownership

Water was in short supply during the run-up to a recent Texas jury trial due to a broken water main, but local counsel was ready to step in.

By Scott Graham

10 minute read

March 15, 2022 | Delaware Law Weekly

$45M Jury Verdict: CareDx Diagnoses Intentional False Advertising by Competitor Natera

A $45 million jury verdict—including $23 million in punitive damages—pushed Natera's stock price down 15% Tuesday while CareDx's climbed 10%.

By Scott Graham

3 minute read

March 15, 2022 | Texas Lawyer

Genie Gets Its Wish: A Defense Verdict in Texas Garage Door Opener Case

The Chamberlain Group had been seeking $60 million in damages, but Latham & Watkins and its local counsel prevailed on jurors to use "common sense."

By Scott Graham

3 minute read

March 04, 2022 | Law.com

Skilled in the Art With Law.com's Scott Graham: You Can't Sell It, but You Can Promote It Under This Proposed Injunction + CAFC Resumes in Person Arguments + The Xs and Os of the 'Real USFL' suit against Fox Sports

Illumina was poised this week to claw back a patent it lost at trial, but Judge William Orrick also wants to sand down some edges on an injunction against a competitor.

By Scott Graham

11 minute read

March 01, 2022 | National Law Journal

These Are the 3 Lawyers the Federal Circuit Chastised Last Week for Violating COVID Protocols

Kasowitz Benson Torres partner Darcy Jones and special counsel ThucMinh Nguyen had wanted to watch partner Jonathon Waldrop deliver in-person argument last November in "MV3 Partners v. Roku." The court had already decreed that that was two lawyers too many under the court's COVID protocols. The Federal Circuit criticized all three last week, though not by name and without sanctioning them.

By Scott Graham

5 minute read

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