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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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November 03, 2021 | National Law Journal

Sens. Leahy and Tillis Slam the Nation's Busiest Patent Judge, Calling for Study of 'Actual and Potential Abuses'

The senators asked Chief Justice John Roberts Jr. to look into court rules that allow patent owners to choose U.S. District Judge Alan Albright of the Western District of Texas to hear their cases. Tillis also wrote to the USPTO, asking it to discount Albright's scheduled trial dates when hearing America Invents Act cases.

By Scott Graham

4 minute read

November 02, 2021 | The Recorder

Fenwick Adds IP Partners in San Francisco, New York

Carl Morales, joining from Dechert, brings deep experience in prosecuting small molecule patents, while Rufus Pichler, joining from MoFo, has experience in a wide range of technology transactions.

By Scott Graham

2 minute read

October 29, 2021 | The Recorder

Can Kathi Vidal Bridge the PTO's Divides?

The Biden administration may have found a PTO nominee who can defuse the inevitable debates over Section 101 and the PTAB.

By Scott Graham

4 minute read

October 29, 2021 | Law.com

Can Kathi Vidal Bridge the PTO's Divides? + PTO Rebrands on Diversity + 'Lowball' Offer Led to Cleveland Guardians Trademark Suit

The Biden administration may have found a PTO nominee who can defuse the inevitable debates over Section 101 and the PTAB. The PTO rebrands its diversity and inclusion council and puts Commerce Secretary Gina Raimondo in charge. When it comes to naming rights, the Cleveland Guardians baseball team is throwing junk, according to a Hunton Andrews Kurth attorney. and Fenwick & West has defensed another patent suit targeting Amazon.com's Alexa technology.

By Scott Graham

7 minute read

October 26, 2021 | The Recorder

'We're Not Going to Stop Doing More': New Leaders Take Reins as ChIPs Gears Up for 10th Annual Summit

The seven original co-founders of the organization for women in IP have passed the torch to a new board, but they keep on working in their own ways to promote women and people of color.

By Scott Graham

12 minute read

October 22, 2021 | Law.com

Skilled in the Art with Scott Graham: Taking Stock of the Pandemic Era's Patent Jury Trials + Paul Hastings Reminds Us That Patents and Trade Secrets Don't Mix

Baker Botts runs down every patent infringement jury trial of the pandemic era. Paul Hastings needs just two months to persuade Judge William Orrick to unwind a trade secrets injunction. And Judge Edward Chen explains why he threw out Intel's antitrust suit against Fortress Investment Group.

By Scott Graham

11 minute read

October 21, 2021 | Law.com

A Shadow Over Science? How the Pandemic Changed—Or Didn't Change—Jurors

Some lawyers who have handled trials this year say the COVID-19 pandemic has clouded how jurors perceive scientific and medical testimony, but others aren't convinced that juries have changed that much. More apparent, lawyers say, is that the political polarization surrounding the pandemic has seeped into the jury pool.

By Amanda Bronstad | Scott Graham | Jasmine Floyd

13 minute read

October 19, 2021 | Texas Lawyer

Judge Albright Rips Kramer Levin Attorneys for Raising Anti-Semitism Claim

The judge said that a recent patent infringement trial involving an Israeli company had nothing to do with ethnicity or prejudice, and that he was "extremely offended" at the inference that he let Amazon.com play on cultural stereotypes. Albright's order clears Fenwick & West of "harsh accusations," and the judge hinted that some penalty against Kramer Levin could be forthcoming.

By Scott Graham

5 minute read

October 18, 2021 | National Law Journal

Covington Picks Up a PTO Strategist and Administrative Patent Judge

Scott Weidenfeller, a vice chief judge of the Patent Trial and Appeal Board, has worked with officials at the highest level of the PTO on patent eligibility and on defining the contours of the America Invents Act.

By Scott Graham

2 minute read

October 15, 2021 | Texas Lawyer

'It Really Feels Like I'm a Lawyer Now.' Class Is in Session Before Professor Albright.

The nation's busiest patent judge is giving UT students an opportunity to get any "deer in the headlights" moments out of the way early, before they have clients.

By Scott Graham

6 minute read