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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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August 26, 2021 | Texas Lawyer

How a Former Law Clerk Earned $700K This Year as a Court-Appointed Technical Adviser

U.S. District Judge Alan Albright has turned to former Dechert associate and EE Ph.D Joshua Yi for help in at least 29 claim construction proceedings as the patent docket in Waco has exploded. Some attorneys welcome the involvement of a technically sophisticated expert, while others are wary of "privatizing the judicial clerk."

By Scott Graham

12 minute read

August 20, 2021 | National Law Journal

Q&A: McDermott IP Litigator Ian Brooks on the Resumption of Jury Trials

The challenges he's faced include a blizzard on the eve of one trial, a change in mask mandates mid-trial, and a first-impression ruling that might cause have some litigants to think twice before challenging patent validity at the USPTO.

By Scott Graham

8 minute read

August 20, 2021 | Law.com

Going to Trial With McDermott's Ian Brooks + It's Time to Anoint Juniper Networks a Patent Pit Bull + PTO Losing a Super-Utility Player

McDermott Will & Emery partner Ian Brooks talks about getting back in the saddle for jury trials post- (or maybe that should be mid-) pandemic.

By Scott Graham

10 minute read

August 16, 2021 | The Recorder

The Ford-GM Trademark Fight Over 'Cruise' Is Taking Shape Quickly in This Courtroom

Ford promised Aug. 13 to seek cancellation of GM's Cruise trademarks at the USPTO. But U.S. District Judge Susan Illston of San Francisco is already scheduled to hear GM's motion for a preliminary injunction next month.

By Scott Graham

4 minute read

August 13, 2021 | Law.com

U.S. Finds Target on Night Vision Goggles + VoIP-Pal Tries Once More to Be Heard in Waco + Fish & Richardson Designs a Trial Win

The U.S. government keeps taking shots at patents on night vision goggle technology. Last week it finally registered some hits.

By Scott Graham

8 minute read

August 12, 2021 | The Recorder

Wisk Aero's Air Taxi Trade Secret Claims Are Plausible, Orrick Says

The judge expects Archer Aviation to attack them "with gusto," and has fast-tracked the case for a November 2022 trial.

By Scott Graham

4 minute read

August 09, 2021 | Law.com

Skilled in the Art: Apple and Qualcomm Have the 'Why Are We Here' Argument + Google and Apple Lose Latest Bids to Bust Out of Waco + InterDigital and Xiaomi Strike a Deal

The Federal Circuit insists on hearing arguments from Apple, then criticizes Apple for making arguments.

By Scott Graham

10 minute read

August 05, 2021 | National Law Journal

Why the USPTO Is Seeking to Register Its Own Trademarks

Scammers have grown increasingly sophisticated at passing themselves off as the agency and demanding fees from unsuspecting applicants. Adding federal registration will give the PTO one more tool to crack down, but one practitioner said it will probably take more involvement from law enforcement to make a difference.

By Scott Graham

4 minute read

August 03, 2021 | National Law Journal

In a First, PTO's Interim Director Starts Weighing In on PTAB Cases

Drew Hirshfeld issued brief orders Monday rejecting rehearing requests from two litigants who had lost validity challenges at the Patent Trial and Appeal Board. The extra layer of review is designed to address Supreme Court concerns about the accountability of PTAB judges.

By Scott Graham

3 minute read

August 02, 2021 | National Law Journal

New Appellate Ruling Could Signal Breaking of Dam on Albright Transfer Orders

Federal Circuit panel says the nation's busiest patent judge clearly erred on three different convenience factors in keeping case against Hulu in Texas. Many tech companies are currently making similar arguments to the Federal Circuit.

By Scott Graham

3 minute read