Scott Graham

February 09, 2022 | Texas Lawyer

Keker Van Nest & Peters partner Robert Van Nest said during closing arguments that if jurors agree that Nest thermostats can't "measure" the temperature, but only estimate it, "then we've resolved our dispute." Russ August & Kabat's Marc Fenster told jurors not to let Google "talk circles around you."

By Scott Graham

3 minute read

February 09, 2022 | National Law Journal

The 61-35 vote is one of the strongest to date for President Biden's appellate court nominees. Stark's arrival next month ensures that the court will continue to have one former district court judge among its ranks.

By Scott Graham

2 minute read

February 09, 2022 | The Recorder

The Federal Circuit rules 2-1 that the San Francisco judge abused his discretion by ordering Uniloc to disclose license deals with 109 third parties. Alsup had argued that because Uniloc's power to exclude is conferred by government-issued patents, the public has a strong interest in knowing the terms and conditions involved in Uniloc's exercise of its patent rights.

By Scott Graham

4 minute read

February 04, 2022 | The Recorder

The university will have to try again on damages after having won $1.1 billion in its first trial. But it's now locked in findings of infringement and validity, which will also give a boost to Caltech cases asserting the same patents against Dell, HP and others.

By Scott Graham

4 minute read

February 04, 2022 | Law.com

Realtime Adaptive Streaming dismissed a Delaware suit against Netfiix, refiled it in California, then dismissed it again. Now it's arguing to the Federal Circuit that Netflix didn't 'prevail,' and that forum shopping alone isn't grounds for fee shifting.

By Scott Graham

8 minute read

February 02, 2022 | National Law Journal

Sports franchises like the Washington Football Team face special challenges when adopting new names, says Neal, Gerber & Eisenberg trademark attorney Ian Block.

By Scott Graham

3 minute read

January 31, 2022 | The Recorder

Backed by Debevoise & Plimpton, H&R Block is trying to enjoin the newly christened Block Inc. from allegedly infringing its marks for tax and other financial services. Block says it's adopted Block as its corporate identity only, not for any of its consumer-facing products. A preliminary injunction hearing is scheduled for Feb. 10.

By Scott Graham

3 minute read

January 28, 2022 | National Law Journal

Justice Stephen Breyer brought "sophistication and engagement" to the court's intellectual property jurisprudence. He also set in motion its controversial series of patent eligibility decisions.

By Scott Graham

4 minute read

January 28, 2022 | Law.com

Justice Stephen Breyer brought "sophistication and engagement" to the court's intellectual property jurisprudence. He also set in motion its controversial series of patent eligiblity decisions.

By Scott Graham

10 minute read

January 26, 2022 | National Law Journal

Undaunted by criticism from an influential U.S. senator, the PTO's Patent Trial and Appeal Board agreed Wednesday to review the second patent supporting the mega-award from U.S. District Judge Alan Albright's courtroom.

By Scott Graham

3 minute read